Witzke v. Marlan et al

Filing 44

ORDER GRANTING 30 Motion to Amend/Correct; GRANTING 40 Motion for Order--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SCOTT A. WITZKE, Case No. 2:16-cv-13753 District Judge Arthur J. Tarnow Magistrate Judge Anthony P. Patti Plaintiff v. RUSS MARLAN and ALEX J. SMITH, Defendants. ___________________________________/ ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO AMEND / SUPPLEMENT HIS COMPLAINT (DE 30) and PLAINTIFF’S EX PARTE MOTION TO SUBMIT SUCH MOTION WITHOUT HEARING (DE 40) Currently before the Court is Plaintiff’s September 20, 2017 motion for leave to amend / supplement his complaint, by which Plaintiff seeks to add a party defendant (Ebony M. Pullins-Govantes) and “to add to the substance of the Complaint on the basis of events which occurred after the filing of the underlying Complaint.” (DE 30 at 1-2.) His motion is accompanied by a brief in support (DE 30 at 3-9), as well as a proposed amended / supplemental complaint (DE 30 at 1025). Neither Defendant Marlan nor Defendant Smith has filed a response to this motion; therefore, it is unopposed. Also before the Court is Plaintiff’s related November 7, 2017 ex parte motion to submit such motion without hearing (DE 40). 1    Upon consideration, each of these motions (DE 30, DE 40) is GRANTED. No later than Monday, November 27, 2017, Plaintiff shall file his aforementioned amended / supplemental complaint (DE 30 at 10-25), including the correction of Ebony M. Pullins-Govantes’s title. (See DE 31 at 3 n.1). Once Plaintiff does so, the Court will separately address Plaintiff’s request for service upon Defendant Pullins-Govantes. (DE 29.) Notwithstanding this ruling, the hearing currently scheduled for Friday, November 18, 2017 at 10:30 a.m. will go forward, at which time the Court will hear oral argument on Plaintiff’s October 3, 2017 motion for preliminary injunction (DE 31) and Plaintiff’s November 4, 2017 amended motion for preliminary injunction (DE 38).1 IT IS SO ORDERED. Dated: November 14, 2017 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE                                                              1 The Court is aware of Defendants’ position that their “response to Plaintiff’s motion for a preliminary injunction is due November 7, 2017[,]” and their “response to Plaintiff’s motion to amend/correct his motion for a preliminary injunction is due November 20, 2017.” (DE 39 ¶ 3.) Nonetheless, the motion hearing can go forward. According to Plaintiff, the latter motion “should merely be considered a ‘corrected’ filing with attached exhibits which were not attached to the initial filing[,]” (DE 40 at 4 n.1), and Defendants filed their response on November 7, 2017 (DE 41). 2    Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on November 14, 2017, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 3   

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