Whittie v. River Rouge, City of et al

Filing 124

ORDER on Motion Hearing. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DENNIS GARRY WHITTIE,
Plaintiff,

Case No. 14-cv-10070
Hon. Matthew F. Leitman

v.
CITY OF RIVER ROUGE, et al.,
Defendants.
__________________________________________________________________/
ORDER ON MOTION HEARING
On May 14, 2019, the Court held a hearing on numerous pending motions in
this action. For the reasons stated on the record at the motion hearing, IT IS
HEREBY ORDERED as follows:
 Plaintiff’s motion for clarification of the Court’s ruling on his motion
for summary judgment with respect to his breach of contract claim
(ECF #104) and Defendants’ cross-motion for clarification on that
claim (ECF #106) are DENIED WITHOUT PREJUDICE. Both
parties may file new motions for summary judgment on the breach-ofcontract claim. In addition to any other arguments on the breach-ofcontract issue that the parties wish to include in their motions, the
parties shall specifically address the issues identified on the record by
the Court at the May 14, 2019, motion hearing. The Court will not
1

entertain any other additional summary judgment motions on any other
claim or defense.
 Defendants’ motion to strike Plaintiff’s unsworn declaration (ECF
#105) is DENIED.
 Defendants’ cross-motion for clarification with respect to the First
Amendment claims at issue in this matter (ECF #106) is DENIED.
 Plaintiff’s motion to compel discovery (ECF #117) and Defendants’
motion to compel discovery (ECF #123) are GRANTED IN PART
AND DENIED IN PART as follows: The City of River Rouge shall
produce to Plaintiff, within 30 days, a wage schedule (or its functional
equivalent) for the City’s police officers, and it shall thereafter make
Mr. Carl Johnson available for a two-hour deposition.

At that

deposition, Plaintiff may only direct questions to Mr. Johnson that
relate to the wages earned by City of River Rouge police officers. In
addition, Plaintiff shall, by no later than May 17, 2019, execute any
and all medical-record authorization forms tendered to him by
Defendants’ counsel. Plaintiff shall also, by no later than June 14,
2019, provide full and fair responses to the discovery requests
identified in Defendants’ motion to compel (ECF #123). Finally, by
no later than July 15, 2019, Plaintiff shall make himself available for
2

a supplemental independent medical examination conducted by
Defendants’ medical expert, Dr. Benedict.
 All currently-scheduled dates in this matter are ADJOURNED. The
parties shall confer and submit to the Court’s Case Manager agreedupon dates for expert disclosures and the cutoff of expert discovery.
The Court will thereafter issue a new scheduling order that includes,
among other things, a new dispositive motion cutoff date for the one
dispositive motion identified above that the Court will permit each
party to file.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 14, 2019

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 14, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

3