Opinion
CIVIL ACTION NO. 12-10934
11-09-2012
KEENAN ELLSBERRY, Plaintiff, v. CITY OF DETROIT, et al., Defendants.
DISTRICT JUDGE GERALD E. ROSEN
MAGISTRATE JUDGE MARK A. RANDON
ORDER ON PENDING DISCOVERY MOTIONS (DKT. NOS. 37, 38 AND 39)
Three motions are pending: (1) Plaintiff's Motion to Enforce Order of the Court (Dkt. No. 37); (2) Defendants' Motion to Compel Initial Disclosures, Answers to Interrogatories and Responses to Document Requests (Dkt. No. 38); and (3) Plaintiff's Second Motion to Compel Production (Dkt. No. 39). The Court read the parties' submissions (Dkt. Nos. 37, 38, 39, 43, 48 and 49); oral argument was heard on November 8, 2012.
Being otherwise fully advised, and for the reasons stated on the record, IT IS ORDERED that on or before December 7, 2012: A. Defendants shall:
1. submit to the Court the so-called "Investigators Report" (omitted from the Internal Affairs ("IA") file) for an in-camera inspection. Defendants shall also provide Plaintiff's counsel with a list, from the custodian of the records, of all documents contained in the IA file;B. Plaintiff shall:
2. provide to Plaintiff's counsel, in writing, the status (existence or non-existence) of (a) any police vehicle in-car video, and (b) any notification and control recordings regarding the May 2, 2011 incident;
3. make available for inspection any disciplinary files of the Police Officer Defendants located in: (a) the Office of the Chief Investigator, (b) the Office of Disciplinary Administration, and (c) the Office of Internal Affairs;
4. produce to Plaintiff a copy of the current collective bargaining agreement between the City of Detroit and the Detroit Police Officers' Union;
5. produce performance evaluations of the Police Officer Defendants for the past 5 years.
1. provide to Defendants a signed authorization for: (a) medical records and (b) income tax records;
2. provide any and all documentation, which support Plaintiff's damages claims.
No costs or attorney fees are awarded.
____________________
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date, November 9, 2012, by electronic and/or first class U.S. mail.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5540