Culhane v. Wal-Mart Supercenter d/b/a Wal-Mart Stores, Inc. et al

Filing 29

ORDER granting in part and denying in part 15 Motion to Compel AND Holding in Abeyance Plaintiff's 12 Motion for order to show cause--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIAM CULHANE,
Case No. 2:17-cv-13061
District Judge Arthur J. Tarnow
Magistrate Judge Anthony P. Patti

Plaintiff,
v.
WAL-MART SUPERCENTER,
d/b/a WAL-MART STORES, INC.,
Defendant.
__________________________/

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S
MOTION TO COMPEL (DE 15), AS NARROWED BY THE JOINT
STATEMENT OF UNRESOLVED ISSUES (DE 25), and HOLDING IN
ABEYANCE PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE
(DE 12)
In this lawsuit, Plaintiff alleges negligence and premises liability. Currently
before the Court are Plaintiff’s July 2, 2018 motion for order to show cause and
July 10, 2018 motion to compel, each of which Judge Tarnow has referred to me
for hearing and determination and regarding which Defendants have filed
responses. (DEs 12, 14-17, 18, 22-23.) Although a hearing was originally noticed
for August 16, 2018, it was renoticed for September 6, 2018, at which point
attorneys Jonathan R. Marko and Richard G. Szymczak appeared in my courtroom.
(DEs 19, 20, 24.) By that time, the parties had resolved the motion to compel,

1 

except to the extent that it concerned Plaintiff’s second request for production of
documents No. 13. (DE 25.)
For the reasons stated on the record, all of which are incorporated herein by
reference, Plaintiff’s motion to compel (DE 15), as narrowed by the joint statement
of unresolved issues (DE 25), is GRANTED IN PART and DENIED IN PART.
Specifically, Defendant’s objections based on relevance, proportionality and undue
burdensomeness are overruled. Defendant’s objection based on overbreadth is
sustained, but only to the extent it contested the 15-year time period. In sum, no
later than Thursday, September 20, 2018, Defendant shall respond to Plaintiff’s
second request for production of documents No. 13, limited to a period of 10 years
prior to the date of the incident in question.
Finally, Plaintiff’s motion for order to show cause (DE 12) is HELD IN
ABEYANCE. No later than Thursday, September 20, 2018, the parties shall
either request a new hearing date or present a stipulation and order resolving this
motion, or Plaintiff shall withdraw his motion.
Dated: September 4, 2018

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

2 

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on September 6, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

3