Absolute Management I, LLC v. Oakland, County of et al

Filing 57

OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR PROTECTIVEORDER [#29]; DENYING AS MOOT PLAINTIFFS MOTION TO COMPELDISCOVERY RESPONSES [#28]; DENYING AS MOOT PLAINTIFFS MOTION TOCOMPEL DISCOVERY RESPONSES [#33]; DENYING AS MOOT PLAINTIFFSMOTION TO CO MPEL PRODUCTION OF OFFICERS FOR TAKING DEPOSITION[#44]; DENYING IN PART AND GRANTING IN PART MOTION TO COMPEL OR INTHE ALTERNATIVE; MOTION FOR LEAVE TO SERVE ADDITIONALINTERROGATORIES [#46]; DENYING PLAINTIFFS EMERGENCY PROTECTIONORDER [#48] AND DENYING AS MOOT DEFENDANTS EMERGENCY MOTION TOSHOW CAUSE FOR JEANETTE MORRIS TO SHOW CAUSE FOR FILING 2 AFFIDAVIT CONTAINING FALSE STATEMENT[#50]. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ABSOLUTE MANAGEMENT I, LLC,

Plaintiff,
Case No.12-cv-14014
HON. GERSHWIN A. DRAIN

vs.

COUNTY OF OAKLAND, et al.
Defendants.
_____________________________/

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR PROTECTIVE
ORDER [#29]; DENYING AS MOOT PLAINTIFF’S MOTION TO COMPEL
DISCOVERY RESPONSES [#28]; DENYING AS MOOT PLAINTIFF’S MOTION TO
COMPEL DISCOVERY RESPONSES [#33]; DENYING AS MOOT PLAINTIFF’S
MOTION TO COMPEL PRODUCTION OF OFFICERS FOR TAKING DEPOSITION
[#44]; DENYING IN PART AND GRANTING IN PART MOTION TO COMPEL OR IN
THE ALTERNATIVE; MOTION FOR LEAVE TO SERVE ADDITIONAL
INTERROGATORIES [#46]; DENYING PLAINTIFF’S EMERGENCY PROTECTION
ORDER [#48] AND DENYING AS MOOT DEFENDANTS’ EMERGENCY MOTION TO
SHOW CAUSE FOR JEANETTE MORRIS TO SHOW CAUSE FOR FILING
2 AFFIDAVIT CONTAINING FALSE STATEMENT[#50]
Before the Court are multiple discovery motions filed by both Plaintiff and
Defendants. The Court will begin by stating that the attorneys in this case have filed
multiple discovery motions, of which, the Court believes many of them could have been
resolved had the parties followed the Federal Rules of Civil Procedure and the local rules
of this court. Thus preventing the continuous filing of what Defendants’ counsel refers to
as “baseless motions.” See Id. at pg. 5.
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While this statement was taken from one of the parties’ numerous briefs, the Court
in no way implies that all parties herein are not equally culpable, because all are, by their
failure to abide by the letter and spirit of the Federal Rules of Civil Procedure and the local
rules of this Court. Going forward, the Court hereby prohibits the parties from filing any
motion without complying with Local Rule 7.1(a). Any motion filed without certifying such
compliance will be automatically stricken.
On August 7, 2013, and August 26, 2013, hearings were held on the parties’
multitude of discovery motions.
Therefore,
IT IS ORDERED, Defendants’ Motion for Protective Order Precluding the Disclosure
of Documents to Third Parties [#29] is GRANTED. As a result of the Court granting the
Protective Order, Defendants stated on the record, and in its briefs, that upon the Court’s
issuance of a Protective Order, it would comply with the outstanding deposition notices.
Therefore,
IT IS ORDERED as the parties agreed on the record that Plaintiff’s Motion to
Compel Discovery [#28] is DENIED AS MOOT, Plaintiff’s Motion to Compel Deposition of
Kanal [#33] is DENIED AS MOOT, and Plaintiff’s Motion to Compel Production of Officers’
Depositions [#44] is also DENIED AS MOOT. The parties are ORDERED to confer and
schedule dates and times for the outstanding Depositions in Plaintiff’s Motions to Compel
[#28], [#33], and [#44], within five days of this order.
IT IS FURTHER ORDERED that Defendants’ Motion to Compel or in the Alternative,
Motion for Leave to Serve Additional Interrogatories [#46] is GRANTED IN PART AND

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DENIED IN PART. For the reasons set forth on the record, Defendants’ Motion to Compel
Discovery is DENIED; however, the Court will GRANT Defendants’ Motion in the alternative
for Leave to Serve Additional Interrogatories by allowing Defendants ten additional
interrogatories.
IT IS FURTHER ORDERED for the reasons set forth on the record, Plaintiff’s
Emergency Motion for Protective Order [#48] is DENIED.
IT IS FURTHER ORDERED for the reasons set forth on the record, Defendants’
Emergency Motion for Order to Show Cause for Jeanette Morris to Show Cause for Filing
Affidavit Containing False Statements [#50] is DENIED AS MOOT.
IT IS FURTHER ORDERED that both parties are each allowed a total of thirty-four
(34) Depositions.

SO ORDERED.

Dated: August 27, 2013
/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

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