St. Ann v. McLean et al

Filing 112

ORDER Denying 98 MOTION to Exclude Testimony of Christin Harris; Denying 108 SECOND MOTION to Supplement Witnesses and Exhibits; Denying 101 MOTION to Supplement Witnesses and Exhibits; Granting 107 MOTION to Ask Questions, Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
David St. Ann,
Plaintiff,
Case No. 15-11770
v.
Todd McLean, Dean Polita, Sam
Morgan, Thomas Haynes, and
Kelly Buczek,
Defendants.

Judith E. Levy
United States District Judge
Mag. Judge Anthony P. Patti

________________________________/
ORDER DENYING DEFENDANTS’ MOTION TO EXCLUDE THE
TESTIMONY OF CHRISTIN HARRIS [98], DENYING
PLAINTIFF’S MOTION TO SUPPLEMENT WITNESSES AND
EXHIBITS [101], DENYING PLAINTIFF’S SECOND MOTION TO
SUPPLEMENT WITNESSES AND EXHIBITS [108], AND
GRANTING WITHOUT PREJUDICE PLAINIFF’S
MOTION TO ASK QUESTIONS [107]
Before the Court are: (1) Defendants’ motion to exclude the
testimony of Christin Harris (ECF No. 98); (2) Plaintiff’s motion to
supplement additional witnesses and exhibits (ECF No. 101); (3)
Plaintiff’s second motion to supplement witnesses and exhibits (ECF No.
108); and (4)Plaintiff’s motion to ask questions (ECF No. 107).

At a telephonic conference held on November 4, 2019 with counsel
for Defendants and Plaintiff present, the Court ruled as follows for the
reasons set forth during the conference:
 Defendants’ motion to exclude the testimony of Christin Harris is
denied. (ECF No. 98.)
 Plaintiff’s first motion and second motions to supplement his
witness list and exhibit list are denied. (ECF Nos. 101, 108.)
 Plaintiff’s motion to ask questions of Defendants is granted without
prejudice. Defendants may raise objections at the time of trial, and
the Court will rule on them as they arise. (ECF No. 107.)
Additionally, counsel for Defendants is ordered to do the following
to assist in the efficiency of the trial:
1. Contact MDOC employee witness Adrien Foster and the State of
Michigan ombudsman’s office employee Christyn Harris and
produce both for testimony on the afternoon of November 12, 2019.
In the event either witness is unavailable, Defendants’ counsel is
to notify the Court immediately; and

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2. Arrange for the remote testimony of both Plaintiff’s witness Dion
Armstead (who is in the custody of MDOC) and Defendant Dean
Potila;
To the extent Plaintiff seeks to have Mr. Hollingsworth testify at
trial, Plaintiff is responsible to take steps to ensure that he appears.
D.

Conclusion

Accordingly, Defendants’ motion to exclude the testimony of
Christin Harris is DENIED (ECF No. 98), Plaintiff’s motion and second
motion to supplement his witness and exhibit list is DENIED (ECF Nos.
101 and 108), and Plaintiff’s motion to ask questions is GRANTED and
the Court will rule on any objections to the questions as they are being
asked. (ECF No. 107).
IT IS SO ORDERED.
Dated: November 5, 2019
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on November 5, 2019.
s/William Barkholz
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WILLIAM BARKHOLZ
Case Manager

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