Opinion
Case No. 10-12661
02-17-2012
LOWANA SHANELL DUMAS, Plaintiff, v. HURLEY MEDICAL CENTER, et al., Defendants.
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED
COMPLAINT, TERMINATING AS MOOT PLAINTIFF'S "MOTION TO
STRIKE/DENY . . . ," SETTING DEADLINE TO FILE RESPONSE TO
SUMMARY JUDGMENT MOTION, AND EXTENDING REMAINING DEADLINES
Pending before the court are Plaintiff's motion for leave to file an amended complaint and Defendant City of Flint's motion for summary judgment. The Hurley Medical Center Defendants concurred in Plaintiff's motion, but Defendant City of Flint and the Union Defendants declined to concur. Nevertheless, these Defendants ultimately failed to file responses in opposition to the motion. Plaintiff filed a "Motion to Strike/Deny Flint's Motion Without Prejudice," arguing that additional time is needed to conduct necessary discovery to fairly contest Defendant City of Flint's motion for summary judgment. On February 14, 2012, the court conducted a telephonic conference with counsel for the parties, during which the pending motions and a stipulation to extend the scheduling order deadlines 60 days were discussed. Counsel and the court agreed that Plaintiff should be granted leave to amend her complaint for the purposes of clarifying and more succinctly stating her claims. Additionally, counsel for Defendant City of Flint, although expressing concern regarding the expenditure of client resources, agreed to an abeyance of its motion to allow Plaintiff a short period of time to discover evidence that may be used to contest the City of Flint's motion. Finally, the court informed the parties that it would grant the parties' stipulation and extend the deadlines set forth in the amended scheduling order. Accordingly,
The Hurley Medical Center Defendants include Hurley Medical Center, Dwayne Parker, and Kristen Deloney.
The Union Defendants include AFSCME Council 25, Local 1603, Deloris Lots, and Patricia Ramirez.
--------
IT IS ORDERED that Plaintiff's motion for leave to amend her complaint [Dkt. # 125] is GRANTED. Plaintiff is DIRECTED to file her proposed amended complaint on or before February 24, 2012.
IT IS FURTHER ORDERED that Plaintiff's "Motion to Strike/Deny . . ." [Dkt. # 128] is TERMINATED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff shall file a response to the motion for summary judgment on or before April 14, 2012.
Finally, IT IS ORDERED that in accordance with the parties' stipulation submitted to the court on February 8, 2012, the deadlines established in the court's December 13, 2011 amended scheduling order [Dkt. # 122] are EXTENDED 60 days.
____________________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, February 17, 2012, by electronic and/or ordinary mail.
Lisa G. Wagner
Case Manager and Deputy Clerk