Grimes v. DOE

Filing 28

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

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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 (248) 355-5555 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 (517) 373-6434 MICHAEL M. MULLER (P38070) Senior Assistant Corporation Counsel City of Detroit Law Dept. 2 Woodward Ave., Ste 500 Detroit, MI 48226 (313) 237-5052 ORDER TO PRESERVE EVIDENCE {00444866.DOCX} 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 {00444866.DOCX} /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 {00444866.DOCX}

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