Filed: Aug. 29, 2018
Latest Update: Aug. 29, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION [138] JUDITH E. LEVY , District Judge . Before the Court is Magistrate Judge Majzoub's Report and Recommendation recommending the Court (1) deny Defendants Corizon Health, Inc., Wilson, Papendick, Buller, Grahn, Paquette, Millette, Hutchinson, and Johnson (the "Corizon Defendants") Motion for Discovery Sanctions for Failure to Comply with Court Order (Dkt. 109), (2) deny as moot Plaintiff's Motion for Enlargement of Time in Which to Reply to Defenda
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION [138] JUDITH E. LEVY , District Judge . Before the Court is Magistrate Judge Majzoub's Report and Recommendation recommending the Court (1) deny Defendants Corizon Health, Inc., Wilson, Papendick, Buller, Grahn, Paquette, Millette, Hutchinson, and Johnson (the "Corizon Defendants") Motion for Discovery Sanctions for Failure to Comply with Court Order (Dkt. 109), (2) deny as moot Plaintiff's Motion for Enlargement of Time in Which to Reply to Defendan..
More
ORDER ADOPTING REPORT AND RECOMMENDATION [138]
JUDITH E. LEVY, District Judge.
Before the Court is Magistrate Judge Majzoub's Report and Recommendation recommending the Court (1) deny Defendants Corizon Health, Inc., Wilson, Papendick, Buller, Grahn, Paquette, Millette, Hutchinson, and Johnson (the "Corizon Defendants") Motion for Discovery Sanctions for Failure to Comply with Court Order (Dkt. 109), (2) deny as moot Plaintiff's Motion for Enlargement of Time in Which to Reply to Defendant Corizon's Response to Plaintiff's Motion to Strike (Dkt. 120), and (3) deny Plaintiff's Motion for Sanctions Against Defendant Corizon for Failure to Serve Motion Papers Upon Plaintiff in a Timely Manner and Abrogating His Opportunity to Respond/Reply (Dkt. 120). The parties were required to file specific written objections within 14 days of service. Fed. R. Civ. P. 72(b)(2); E.D. Mich. L.R. 72.1(d).
Plaintiff filed a paper (Dkt. 145), which indicates he has already complied with the September 7, 2017 Order in Plaintiff's Motion for Sanctions (Dkt. 109) by mailing defendants his discovery responses. (Dkt. 145 at 4.) Defendants wrote back to plaintiff, requesting that he sign a new authorization for release of medical records. (Id.) Plaintiff claims he mailed the requested authorization to defendants on or about December 12, 2017. (Id. at 2.) If this is the case, then defendants were obligated to notify the Court and withdraw their motion, which they did not do.
The Court has nevertheless carefully reviewed the Report and Recommendation, and concurs in the reasoning and result. Accordingly,
The Report and Recommendation (Dkt. 138) is ADOPTED;
The Corizon Defendants' Motion for Discovery Sanctions for Failure to Comply with Court Order (Dkt. 109) is DENIED;
Plaintiff's Motion for Enlargement of Time in Which to Reply to Defendant Corizon's Response to Plaintiff's Motion to Strike (Dkt. 120) is DENIED as MOOT; and
Plaintiff's Motion for Sanctions Against Defendant Corizon for Failure to Serve Motion Papers Upon Plaintiff in a Timely Manner and Abrogating His Opportunity to Respond/Reply (Dkt. 120) is DENIED.
IT IS SO ORDERED.
