Kitchen v. Winn et al

Filing 32

ORDER GRANTING Defendant's 26 Motion for Protective Order--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL KITCHEN,
Case No. 2:17-cv-11627
Judge George Caram Steeh
Magistrate Judge Anthony P. Patti

Plaintiff,
v.

O’BELL T. WINN, WILLIAM FOY,
NANNIE CULBERSON, THOMAS HAYNES,
KETURAH MORRIS, MARK CHALKER,
BRADLEY ODETTE, BOBBY KARL,
TONY GLYNN, BRIAN TROMBLEY, and
UNKNOWN SUPERVISORS OR GUARDS,
Defendants.
__________________________/
ORDER GRANTING DEFENDANTS’
MOTION FOR PROTECTIVE ORDER (DE 26)
Judge Steeh has referred this case to me for all pretrial proceedings.
Currently pending before the Court are Defendants’ September 6, 2017 motion for
summary judgment (DE 25) and same-day motion for protective order (DE 26).
Plaintiff has filed a combined response (DE 27), as well as an amendment to the
response (DE 28).
By a report and recommendation entered this date, I have recommended that
the Court: (1) grant Defendants’ September 6, 2017 motion for summary judgment
to the extent it seeks dismissal of Plaintiff’s claims for money damages against
Defendants in their official capacities; but, (2) deny it to the extent it seeks
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dismissal of the claims against them on the basis of failure to exhaust. Meanwhile,
the motion for protective order attaches Plaintiff’s August 2017 discovery requests
(DE 26 at 14-25), as well as the subpoena to Winn and the response thereto (DE 26
at 26-35), and requests that the Court “enter a protective order staying discovery
until it rules on their dispositive motion[,]” (DE 26 at 11). Thus, the necessity for
discovery in this case hinges upon whether the Court accepts and/or adopts this
recommendation.
Upon consideration, Defendants’ September 6, 2017 motion for protective
order is GRANTED. Discovery is STAYED pending this Court’s ruling upon
Defendant’s September 6, 2017 motion for summary judgment (DE 25). The stay
of discovery will automatically lift once the Court issues its ruling. It goes without
saying that at least some portion of the case will have to survive in order for
discovery to be at issue.
IT IS SO ORDERED.

Dated: April 20, 2018

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

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Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on April 20, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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