State Farm Mutual Automobile Insurance Company v. Elite Health Centers Inc. et al

Filing 442

ORDER REGARDING re: 441 Letter by Cory Mann's letter request, and 437 Notice (Other) filed by State Farm Mutual Automobile Insurance Company.--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,

Case No. 2:16-cv-13040
District Judge Avern Cohn
Magistrate Judge Anthony P. Patti

v.
ELITE HEALTH CENTERS, INC.,
ELITE CHIROPRACTIC, P.C.,
ELITE REHABILITATION, INC.,
MIDWEST MEDICAL
ASSOCIATES, INC., PURE
REHABILITATION, INC., DEREK
L. BITTNER, D.C., P.C., MARK A.
RADOM, DEREK LAWRENCE
BITTNER, D.C., RYAN MATTHEW
LUKOWSKI, D.C., MICHAEL P.
DRAPLIN, D.C., NOEL H. UPFALL,
D.O., MARK J. JUSKA, M.D.,
SUPERIOR DIAGNOSTICS, INC.,
CHINTAN DESAI, M.D., MICHAEL
J. PALEY, M.D., DEARBORN
CENTER FOR PHYSICAL
THERAPY, L.L.C., MICHIGAN
CENTER FOR PHYSICAL
THERAPY, INC., and JAYSON
ROSETT
Defendants.
_________________________/
ORDER REGARDING STATE FARM’S LETTER REQUEST TO FILE A
MOTION TO COMPEL THE DEPOSITION OF NON-PARTY CORY
MANN (DE 437) AND CORY MANN’S LETTER REQUEST TO FILE A

MOTION TO QUASH AND/OR PROTECTIVE ORDER REGARDING
DEPOSITION SUBPOENA ISSUED BY STATE FARM (DE 441)
The Court has reviewed State Farm Mutual Automobile Insurance
Company’s (“State Farm”) letter request to file a motion to compel the deposition
of non-party Cory Mann (“Mann”) (DE 437) and Mann’s letter in response
requesting to file a motion to quash and/or for protective order regarding the
deposition subpoena issued by State Farm to him (DE 441). The Court will permit
Mann to file a motion to quash and/or for protective order regarding the deposition
subpoena issued by State Farm to him, which must be filed by April 24, 2019.
State Farm may file a response to Mann’s motion by May 6, 2019. Mann and
State Farm may each make a 10-page submission (in total) in support of their
respective positions. Mann’s attorney must file his electronic appearance and
make all future submissions electronically. E.D. Mich. LR 83.25. No reply brief
will be permitted unless requested by the Court.
The Court will not accept a separate motion to compel Mann’s deposition
from State Farm, as it will be duplicative of the issues Mann would raise in his
own motion. Failure by Mann to file the above-referenced motion to quash and/or
for protective order will be considered a waiver of any objection to his deposition
notice, in which event he will be required to appear for his deposition within 10
days of the waiver.
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IT IS SO ORDERED.
Dated: April 17, 2019

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on April 17, 2019, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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