Enjoi Transportation, LLC et al v. City of Detroit et al

Filing 40

ORDER DENYING 35 MOTION to Take Deposition from More than 10 Deponents filed by Enjoi Transportation, LLC, Paulette Hamilton and Extending Discovery and Related Deadlines, ( Discovery Cutoff set for 9/17/2018 and Dispositive Motion Cut-off set for 10/18/2018) Signed by District Judge Robert H. Cleland. (LWag)

Case 2:17-cv-13052-RHC-RSW ECF No. 40 filed 07/17/18

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ENJOI TRANSPORTATION, LLC, and
PAULETTE HAMILTON,
Plaintiffs,
v.

Case No. 17-13052

CITY OF DETROIT, et al.,
Defendants.
/
ORDER EXTENDING DISCOVERY AND RELATED DEADLINES AND DENYING
PLAINTIFF’S MOTION TO TAKE DEPOSITIONS FROM MORE THAN TEN
DEPONENTS
Plaintiffs filed this action in September 2017 alleging that Defendants City of
Detroit and Dan Dirks (the “City Defendants”) and Defendants Transdev Services, Inc.
and Martin Moore (the “Transdev Defendants”) discriminated against Plaintiffs on the
basis of race. Before the court is Plaintiffs’ motion to take depositions from more than
ten deponents. (Dkt. #35.) Plaintiffs aver that they need to take as many as twenty
depositions—ten each from the City Defendants and the Transdev Defendants. Each
set of Defendants has filed a response. (Dkt. ##37, 39.) The court held an off the record
telephone conference with the parties on July 16, 2018.
Having reviewed the motion and responses, and as discussed during the
telephone conference, the court will deny the motion. The court entered a scheduling
order in this matter in December 2017, and it gave the parties nearly eight months of
discovery; the discovery cutoff is set for August 6, 2018. But depositions and document
production have been put off until now, necessitating end-of-discovery motions to

Case 2:17-cv-13052-RHC-RSW ECF No. 40 filed 07/17/18

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expand. The court is not persuaded that Plaintiffs have acted diligently in pursuing and
noting depositions, and it is not persuaded that double the usual number of depositions
is necessary in this case. The court has determined, in other words, that too much time
has passed in which the parties have been insufficiently productive to warrant
expanding the scope of discovery. The court will, however, afford the parties six
additional weeks to complete discovery already contemplated; the court anticipates that
Defendants will produce the balance of outstanding written discovery requests, and all
parties will schedule and take the allotted number of depositions as necessary.
Accordingly,
IT IS ORDERED that Plaintiff’s Motion to Take Depositions from More than Ten
Deponents (Dkt. #35) is DENIED.
IT IS FURTHER ORDERED the discovery deadline is EXTENDED to September
17, 2018. The dispositive motion deadline is EXTENDED to October 18, 2018.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: July 17, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 17, 2018, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
Z:\Cleland\KNP\Civil\17-13052.ENJOI.Extend.Discovery.Deny.Additional.Depositions.KNP.docx

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