Grimes v. DOE

Filing 28

ORDER TO PRESERVE EVIDENCE 7 . Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
IN THE SOUTHERN DIVISION
MONIQUE GRIMES, as Personal
Representative of the Estate of
DAMON GRIMES, Deceased,
Plaintiff,
v

Case No. 17-cv-12860
Hon. Gershwin A. Drain

TROOPER MARK BESSNER and
TROOPER JOHN DOE,
Individually,
Defendants.
GEOFFREY N. FIEGER (P30441)
JAMES J. HARRINGTON, IV (P65351)
GINA U. PUZZUOLI (P37992)
DANIELLE L. DEZBOR (P79488)
Fieger, Fieger, Kenney & Harrington, P.C.
Attorneys for Plaintiff
19390 West 10 Mile Road
Southfield, MI 48075
[phone]

MARK E. DONNELLY (P39281)
JOSEPH T. FROEHLICH (P71887)
JOHN G. FEDYNSKY (P65232)
Assistant Attorneys General
Attorneys for SOM and MSP
Civil Litigation, Employment &
Elections Division
P.O. Box 30736
Lansing, MI 48909
[phone]

MICHAEL M. MULLER (P38070)
Senior Assistant Corporation Counsel City
of Detroit Law Dept.
2 Woodward Ave., Ste 500
Detroit, MI 48226
[phone]

ORDER TO PRESERVE EVIDENCE

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This matter having come before the Court on Plaintiff’s motion and the Court
being otherwise fully advised in the premises and having ruled on the record on October
27, 2017;
IT IS HEREBY ORDERED that the State of Michigan, the Michigan State Police,
the City of Detroit and the Detroit Police Department, together with their officers, agents,
employees, independent contractors and/or servants shall preserve all of the evidence in
any way relating to the incident and/or the death of DAMON GRIMES.
IT IS FURTHER ORDERED that before the State of Michigan, the Michigan
State Police and the City of Detroit, with their officers, agents, employees, independent
contractors and/or servants conduct any destructive testing on any of the evidence related
to this incident and/or the death of DAMON GRIMES, they will provide Plaintiff’s
counsel with seven (7) days written notice.
IT IS FURTHER ORDERED that any such notice provided shall remain
confidential until the conclusion of any related criminal investigation and/or criminal
proceedings.
IT IS FURTHER ORDERED that to the extent that any counsel intends to file any
document relating to any notice contemplated under this order, that such filing be made
under seal.
IT IS SO ORDERED.
This is not the final order and does not resolve the claims.

/s/Gershwin A Drain
DISTRICT COURT JUDGE
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/s/ James J. Harrington, IV
James J. Harrington, IV (P65351)
/s/ John G. Fedynsky (with permission, approved as to form only)
John G. Fedynsky (P65232)
/s/ Michael M. Muller (with permission)
Michael M. Muller (P38070)

DATED: November 3, 2017

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