Clarke v. Michigan Department of Corrections

Filing 38

STIPULATED PROTECTIVE ORDER Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHEILA CLARKE, as Personal Representative
for The Estate of JANIKA NICOLE EDMOND,
deceased,
No. 2:17-cv-10528
Plaintiff,
HON. ROBERT H. CLELAND
v
MAG. DAVID R. GRAND
MICHIGAN DEPARTMENT OF
CORRECTIONS, WARDEN ANTHONY
STEWART, individually and in his official
capacity; DEPUTY WARDEN DAVID
JOHNSON, individually and in his official
capacity; DEPUTY WARDEN OSTERHOUT,
individually and in his official capacity; CO
DIANNA CALLAHAN, individually and in her
official capacity; A/RUM KORY MOORE,
individually and in his official capacity; CO
R’KIA TAYLOR, individually and in his official
capacity; SGT. KRISTA SURBIC, individually
and in her official capacity; SGT. LOREN
HAILES, individually and in her official
capacity; CO HEATHER WASHINGTON,
individually and in her official capacity; CO
JOHANNA BARTEL, individually and in her
official capacity; CO ALEXIA JOHNSON,
individually and in her official capacity; CO
LASHAWNA DONALD, individually and in her
official capacity; CO TRACY MAUPINS,
individually and in her official capacity; RN
MARCIA PORTER, individually and in her
official capacity, jointly and severally,
Defendants.

Cary S. McGehee (P42318)
Beth M. Rivers (P33614)
Pitt McGehee Palmer & Rivers P.C.
Attorneys for Plaintiff
117 W. Fourth St., Ste. 200
Royal Oak, MI 48067
[phone]
[e-mail]
[e-mail]

David Steingold (P29752)
Law Offices of David S. Steingold PLLC
Attorney for Plaintiff
400 Monroe St., Ste. 280
Detroit, MI 48226-2962
[phone]
[e-mail]

Rock Wood (P41181)
Clifton B. Schneider (P70582)
Lisa Geminick (P60964)
Attorneys for Defendants MDOC, Stewart,
D. Johnson, Osterhout, Taylor, Surbic, Hailes,
Washington, Bartel, A. Johnson, Porter,
Donald and Maupins
Michigan Department of Attorney General
Civil Litigation, Employment & Elections Division
P.O. Box 30736
Lansing, MI 48909
[phone]
[e-mail]
[e-mail]
[e-mail]

/
STIPULATED PROTECTIVE ORDER
Now come Plaintiff, and the Michigan Department of Corrections
(“MDOC”) by and through their counsel, and in order to address
Plaintiff’s pending Motion to Compel Production of Addresses (R. 32,
hereafter “the Motion”), whereby Plaintiff seeks for purposes of service
of process the addresses for three of the Defendants who were prior
employees of MDOC, and state as follows:
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1)

The Motion seeks addresses for Defendants Moore, Surbic and

Porter. Defendants Surbic and Porter are now going to be represented
by undersigned counsel, and are the subject of another stipulation being
submitted to the Court, and therefore, they are no longer the subject of
the Motion. As to the other Defendant who has not yet been served
(Moore), MDOC shall provide the last known address for this prior
employee, subject to the restrictions set forth herein, and to be used
solely for purposes of service of process.
2)

Wherefore, these parties hereby stipulate and agree that:

MDOC will provide the last known address as to named Defendant
Kory Moore, to Plaintiff’s counsel for the sole purpose of effectuating
service of process and only to be disclosed to the process server for
purposes of service of process. This address shall not be disclosed to
any other individual/entity, including but not limited to Plaintiff. The
address shall not be publicly disclosed, and shall not be included in any
filing the Court, including but not limited to any proof of service (which
shall only state that this defendant was served at the address(es)
subject to this Order).
Defendant MDOC submits that there are sound policy/safety
considerations for not making the addresses of current/former
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corrections officials public, and enter into this Stipulation as a means of
balancing Plaintiff’s need for such address to effectuate service, with
policy/safety considerations regarding the prior officers, and submit
that this Stipulated Protective Order is a fair compromise which takes
into account both perspectives and considerations.
Wherefore, these parties respectfully request that this Honorable
Court enter this Order.
IT IS SO STIPULATED.
s/Cary S. McGehee (w/consent)
Cary S. McGehee (P42318)
Co-Counsel for Plaintiff

June 7, 2017
Date

s/Rock Wood
June 7, 2017
Rock Wood (P41181)
Date
Attorneys for Defendants MDOC, Stewart,
D. Johnson, Osterhout, Taylor, Surbic,
Hailes, Washington, Bartel, A. Johnson,
Porter, Donald and Maupins
IT IS SO ORDERED.
Date: June 13, 2017

s/Robert H. Cleland
Robert H. Cleland
U.S. District Court Judge

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