Townsend v. Rhodes et al

Filing 49

ORDER GRANTING Plaintiff's 42 Motion to Correct Mistake--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICHARD TOWNSEND,
Plaintiff,
Case No. 4:14-CV-10411
Judge Terrence G. Berg
Magistrate Judge Anthony P. Patti

v.

KAREN RHODES,
VICKI CARLSON,
LINDA HAASE,
MARCIA O’CONNELL and
JOHN DOES 1-4,
Defendants.

ORDER GRANTING PLAINTIFF’S MOTION TO CORRECT MISTAKE
[DE 42]

Plaintiff having filed a motion to correct a mistake in paragraph 2 of his
complaint, to reflect the fact that he is a type I insulin-dependent diabetic, rather
than a type II insulin-dependent diabetic; no opposition having been received from
any of the defendants; the Court having reviewed the motion and being satisfied
that it is appropriate to make this minor correction in the pleadings to conform to
the evidence; IT IS HEREBY ORDERED THAT:
1. Plaintiff’s motion to correct mistake is GRANTED;

2. The record will reflect Plaintiff’s allegation that he is a type I insulindependent diabetic, rather than a type II insulin-dependent diabetic, who
requires insulin three (3) times daily, as though so stated in paragraph 2 of
his complaint; and
3. In the unlikely event that this corrected allegation requires further pleading
by any of the defendants, they are each granted leave to file amended
answers on or before June 4, 2015, with respect to paragraph 2 of the
complaint only.
IT IS SO ORDERED.
Date: May 21, 2015

s/Anthony P. Patti
ANTHONY P. PATTI
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the following order has been sent to parities of
record on May 21, 2015 to parties of record electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti