Sourander v. Hanft et al

Filing 25

ORDER GRANTING DEFENDANTS' 18 Motion to Stay - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICK ALAN SOURANDER,
Plaintiff,

No. 18-11162

v.

District Judge Gershwin A. Drain
Magistrate Judge R. Steven Whalen

SHERIFF HOWARD HANFT,
ET AL.,
Defendants.
/
ORDER
Before the Court is Defendants’ Motion to Stay Answer to More Definite
Statement Pending a Decision on Defendants’ Motion to Dismiss [Doc. #18].
On April 18, 2018, Defendants filed a Motion for More Definite Statement [Doc.
#2], which I granted on June 25, 2018 [Doc. #8], ordering that Plaintiff file a more
definite statement within 30 days. Plaintiff filed his Statement on September 12, 2018,
seven weeks late. Plaintiff’s motion to dismiss for failure to prosecute under
Fed.R.Civ.P. 41(b) [Doc. #12] was filed on August 22, 2018, before Plaintiff filed his
Statement.
On October 29, 2018, I filed a Report and Recommendation, recommending that
Defendants’ motion to dismiss be denied. The parties have 14 days from that date to file
objections, which will then be ruled upon by the District Judge. It would be prudent, and
in the interest of judicial economy, to stay Defendants’ answer to the Plaintiff’s More
Definite Statement until there is a final decision on the motion to dismiss.
Accordingly, Defendants’ motion [Doc. #18] is GRANTED. Defendants’ answer
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to the Plaintiff’s More Definite Statement [Doc. #14] is STAYED pending a final
decision on Defendants’ motion to dismiss.
If Defendants’ motion to dismiss is ultimately denied, Defendants will file their
answer within 30 days of the date of the denial.
IT IS SO ORDERED.
Dated: October 29, 2018

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE
JUDGE

CERTIFICATE OF SERVICE
I hereby certify on October 29, 2018 that 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 29, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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