Dennis v. Allstate Property and Casualty Insurance Company

Filing 42

ORDER GRANTING DEFENDANT'S 29 Motion to Strike Comfort Care Center's Bills, GRANTING DEFENDANT'S 30 Motion to Strike Plaintiff's Replacement Services Claim - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DUSHION DENNIS,
Plaintiff,

No. 17-13391

v.

District Judge George Caram Steeh
Magistrate Judge R. Steven Whalen

ALLSTATE PROPERTY AND
CASUALTY INSURANCE CO.,
Defendant.
/
ORDER
For the reasons and under the terms stated on the record on October 18, 2018,
Defendant’s Motion to Strike Comfort Care Center’s Bills [Doc. #29] and Motion to
Strike Plaintiff’s Replacement Services Claim [Doc. #30] are GRANTED as follows:
The replacement services claims/billings of Comfort Care Center are STRICKEN
WITH PREJUDICE.
The replacement services claims of providers Damien Matthews and Corina
Malone, whose depositions are scheduled for October 24, 2018, will be stricken only if
they do not appear for their deposition. If they do not appear for deposition, then the
claims will be STRICKEN WITH PREJUDICE, subject to a substantial showing of good
cause as to why they did not appear, in which case their claims will be stricken without

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prejudice.
The claims of replacement services providers Devaughn Tellis and Jerald Damon
Beard are STRICKEN WITH PREJUDICE.
The claims of replacement services provider Letia Henley, who appeared for her
deposition, are not stricken.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: October 18, 2018

_________________________________________________________________
CERTIFICATE OF SERVICE
I hereby certify on October 18, 2018, I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on October 18, 2018.
s/Carolyn Ciesla
Case Manager to
Magistrate Judge R. Steven Whalen

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