St. Pieree v. Macomb, County of et al

Filing 42

ORDER denying 39 Motion to Modify Scheduling Order. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GEORGE CONSTANCE, as Personal
Representative for the Estate of Vanessa
Sexton, Deceased,
Plaintiff,
Case No. 16-12530
v.
Hon. John Corbett O’Meara
COUNTY OF MACOMB, et al.,
Defendants.
__________________________________/

ORDER DENYING COUNTY OF MACOMB’S MOTION
TO MODIFY SCHEDULING ORDER WITHOUT PREJUDICE
Before the court is Defendant County of Macomb’s motion to amend the
scheduling order and for leave to file a dispositive motion, filed January 22, 2018.
The parties reached a tentative settlement but apparently have confronted some
obstacles in finalizing the agreement, leading Defendant to protect its interests by
attempting to resume litigation. Plaintiff responds that he has overcome the
challenges impeding settlement and a motion to approve the agreement is set to be
heard by the Macomb County Probate Court on February 27, 2018.
In light of the imminent probate court hearing, it appears that the parties will
resolve this case and that a modification of the scheduling order will be

unnecessary.
Therefore, IT IS HEREBY ORDERED that Defendant’s motion to modify
scheduling order is DENIED WITHOUT PREJUDICE.

s/John Corbett O’Meara
United States District Judge

Date: March 1, 2018

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, March 1, 2018, using the ECF system.

s/William Barkholz
Case Manager

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