Alexander v. Calzetta et al

Filing 160

ORDER DENYING AS MOOT PLAINTIFF'S 154 Motion to Compel Discovery- Signed by Magistrate Judge Anthony P. Patti. (CCie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION D’ANDRE ALEXANDER # 731077, Plaintiff Case No. 2:16-CV-13293 District Judge Mark A. Goldsmith Magistrate Judge Anthony P. Patti v. NICHOLAS GALZETTA, FRED GOVERN, ERICA HUSS, DARRIN VIITALA, MANDI SALMI, KENNETH NIEMISTO, KRISTINE GIESEN, TERRY MEDEN, CHAD LaCOUNT, HANNA SAAD, DR. ROSEN, C/O WATKINS, C/O LEWIS, C/O LEE, C/O SLAUGHTER, C/O HOUSTON, DAPHNE M. JOHNSON and RICHARD IDEMUDIA, Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION TO COMPEL DISCOVERY AS MOOT (DE 154) This matter is before the Court for consideration of Plaintiff’s motion to compel discovery (DE 154) and Defendants’ response (DE 155). Plaintiff asserts in his motion that he served discovery requests on Defendant Rosen on July 3, 2018, and that as of September 10, 2018 he had not received Defendant’s responses to those requests. (DE 154.) Defendants respond that: (1) they requested an extension to provide responses to Plaintiff’s interrogatories on September 5, 2018; (2) they provided Defendant Rosen’s responses to Plaintiff’s Interrogatories on October 8, 2018; and (3) Plaintiff’s motion therefore is moot. (DE 155.) Because Defendants state that Defendant Rosen has now served his responses to Plaintiff’s Interrogatories, supported by a certificate of service of those responses, and Plaintiff did not file a reply brief or otherwise dispute Defendants’ representation, Plaintiff’s motion to compel discovery is DENIED as moot. IT IS SO ORDERED. Dated: November 6, 2018 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE ________________________________________________________________ CERTIFICATE OF SERVICE I hereby certify on November 6, 2018, I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF participants on November 6, 2018. s/Carolyn Ciesla Case Manager Acting in the Absence of Michael Williams 2

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