Davis et al v. Wayne County Election Commission

Filing 61

ORDER GRANTING DEFENDANT'S MOTION TO QUASH, AND DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO COMPEL [57, 58]. Signed by District Judge Judith E. Levy. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Desmond White,
Plaintiff,
v.

Case No. 16-12547
Judith E. Levy
United States District Judge

Wayne County Election
Commission,

Mag. Judge Mona K. Majzoub

Defendant,
v.
Michael Edward Duggan,
Intervenor.
________________________________/
ORDER GRANTING DEFENDANT’S MOTION TO QUASH, AND
DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION TO
COMPEL [57, 58]
On September 27, 2016, the Court held a telephonic conference at
which it scheduled a hearing on plaintiff’s motion for a preliminary
injunction and defendant’s motion to dismiss. (See Dkt. 35.) On October
20, 2016, the Court also granted in part plaintiff’s motion to compel,
permitting plaintiff to subpoena two members of the Wayne County
Election Commission, Judge Freddie G. Burton Jr. and County Treasurer

Eric Sabree. (Dkt. 52.) On November 16, 2016, defendant filed a motion
to quash the subpoenas issued to Judge Burton and Mr. Sabree. (Dkt.
57.) In response, plaintiff filed a motion to compel the testimony of these
two witnesses. (Dkt. 58.)
The Court has considered the motions submitted by the parties.
Accordingly, the Court will GRANT defendant’s motion to quash, and will
DENY WITHOUT PREJUDICE plaintiff’s motion to compel. The Court
will hear argument on the motions for a preliminary injunction and
motions to dismiss on November 18, 2016. At this time, the Court will
also entertain further argument regarding whether it should compel the
testimony of Judge Burton and Mr. Sabree, and will determine whether
to continue the hearing on another date if the Court determines the
testimony of one or both witnesses is necessary, relevant, or helpful to
the Court in deciding plaintiff’s motion for a preliminary injunction.
IT IS SO ORDERED.
Dated: November 16, 2016
Ann Arbor, Michigan

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

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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 16, 2016.

s/Felicia M. Moses
FELICIA M. MOSES
Case Manager

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