Brown v. Mary's Grill et al

Filing 25

ORDER granting in part and denying in part 22 Motion to Strike--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARNELL BROWN,
Case No. 2:17-cv-11197
District Judge Laurie J. Michelson
Plaintiff,
Magistrate Judge Anthony P. Patti
v.
MARY’S GRILL,
MEDEI F. HODZIC,
MARY M. HODZIC, and
SKENDER S. HODZIC,
Defendants.
_______________________________/

ORDER GRANTING IN PART AND DENYING IN PART
MOTION TO STRIKE AFFIRMATIVE DEFENSES (DE 22)
This case has been referred to me for all pretrial proceedings. On January
29, 2018, Defendants filed an answer and affirmative defenses. (DE 20.)
Currently before the Court is Plaintiff’s February 5, 2018 motion to strike
Defendants’ affirmative defenses (DE 22), regarding which Defendants have filed
a response (DE 23) and Plaintiff has filed a reply (DE 24).1
On March 13, 2018, Plaintiff, who is representing himself, and defense
counsel (J. Christian Hauser) appeared in my courtroom for a status conference.
1

As noted during today’s conference, Plaintiff’s motion (DE 22) does not comply
with E.D. Mich. LR 5.1(a) (“Papers Presented for Filing.”) or E.D. Mich. LR
7.1(a) (“Seeking Concurrence in Motions and Requests.”). Future filings that do
not comply with the local rules of this Court may be stricken from the record.
Scheduling Order / Page 1

(See DE 17.) Consistent with my statements made on the record, Plaintiff’s motion
to strike (DE 22) is GRANTED IN PART. Specifically, the Court strikes
Affirmative Defense No. 2, based on Plaintiff’s representation that he seeks only
damages and not equitable relief and Defendants’ willingness to withdraw the
affirmative defense in light of that representation. Additionally, on or before April
19, 2018, Defendants will either: (a) withdraw Affirmative Defense No. 9; or, (b)
show cause in writing as to why it should not be stricken. Otherwise, Plaintiff’s
motion to strike is DENIED, the Court finding that there is a good faith basis for
each remaining affirmative defense.

Dated: March 13, 2018

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 March 13, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

Scheduling Order / Page 2