Triplett v. Kussmann et al

Filing 16

ORDER GRANTING as UNOPPOSED Defendants' 12 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FREDDIE TRIPLETT, Plaintiff, v. Case No. 2:16-cv-12503 Judge Bernard A. Friedman Magistrate Judge Anthony P. Patti HORST KUSSMANN and ALMA KUSSMANN, Defendants. _________________________/ ORDER GRANTING AS UNOPPOSED DEFENDANTS’ MOTION TO COMPEL CONTINUED DEPOSITION OF PLAINTIFF (DE 12) and CANCELLING HEARING NOTICED FOR JANUARY 19, 2017 (DE 14) Currently before the Court is Defendants’ November 28, 2016 motion to compel Plaintiff’s continued deposition. (DE 12.) Judge Friedman referred this motion to me for hearing and determination, and a hearing has been noticed for January 19, 2017. (DEs 13, 14.) Plaintiff has not opposed the instant motion. “A respondent opposing a motion must file a response, including a brief and supporting documents then available.” E.D. Mich. LR 7.1(c)(1). “A response to a nondispositive motion must be filed within 14 days after service of the motion.” E.D. Mich. LR 7.1(e)(2)(B). Thus, in the absence of a scheduling order stating otherwise, Plaintiff’s response to Defendants’ November 28, 2016 motion (DE 12) would have been due on or about December 15, 2016. See Fed. R. Civ. P. 6(a), 6(d). To date, Plaintiff has not filed a response. Accordingly, Defendants’ November 28, 2016 motion to compel continued deposition of Plaintiff (DE 12) is GRANTED AS UNOPPOSED. Specifically, given the current fact discovery deadline of January 31, 2017 (see DEs 4, 15) and the Court’s availability, Plaintiff SHALL appear for his continued deposition at the Theodore Levin United States Courthouse (231 W. Lafayette, Detroit, Michigan 48226) sometime during the period of Friday, January 20, 2017 through Tuesday, January 31, 2017, after making appropriate arrangements with my Case Manager. Finally, the hearing scheduled for January 19, 2017 (DE 14) is CANCELLED. IT IS SO ORDERED. Dated: December 20, 2016 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE I hereby certify that a copy of the foregoing document was sent to parties of record on December 20, 2016, electronically and/or by U.S. Mail s/Michael Williams Case Manager for the Honorable Anthony P. Patti   2

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