Smith v. Davidson et al

Filing 49

ORDER GRANTING Plaintiff's 35 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SAM SMITH III,

No. 10-13898

Plaintiff,

District Judge Mark A. Goldsmith

v.

Magistrate Judge R. Steven Whalen

LYNN M. DAVIDSON, ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiff Sam Smith’s Motion to Compel Discovery [Doc.
#35], in which he seeks discovery responses from Defendants Wendling and Messing.
These Defendants have responded that while they believe that they mailed their
responses, an office fire has since destroyed their copy of the responses. Defendants state
that they are in the process of recreating those responses.
Accordingly, Plaintiff’s Motion to Compel [Doc. #35] is GRANTED. Defendants
Wendling and Messing will recreate their discovery responses and produce them the
Plaintiff within 21 days of the date of this Order.
Plaintiff’s request for expenses incurred in bringing this motion is DENIED.
IT IS SO ORDERED.
Date: May 8, 2013

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

I hereby certify that a copy of the foregoing document was sent to parties of record on May 8,
2013, electronically and/or by U.S. Mail.
s/ Michael Williams
Relief Case Manager for the Honorable
R. Steven Whalen