Opinion
Case No. 09-CV-10725.
November 22, 2010
ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR RECONSIDERATION [DOC. 154]
This matter came before the court on plaintiff Gregory Hoxie's motion for reconsideration [Doc. 154], following the status conference held in chambers on September 27, 2010, and the follow-up order issued by the court [Doc. 153]. Plaintiff points out that the issues raised in his fourth motion to compel and for default of the Livingston County defendants [Doc. 113] were never addressed on the merits. Specifically, plaintiff requests that all defendants be ordered to respond to plaintiff's expert interrogatories and that the Livingston County defendants be ordered to produce responses to plaintiff's fifth discovery requests served April 2010. Defendant Dr. Simpson responded that she was preparing supplemental answers to plaintiff's expert interrogatories as well as supplemental answers to plaintiff's second set of discovery requests.
It was the court's understanding that in light of the re-opening of discovery, all defendants had agreed to comply with plaintiff's fourth motion to compel and fifth discovery request. To the extent that defendants have not already complied with the discovery requested by plaintiff, the court hereby GRANTS plaintiff's motion for reconsideration. All defendants are hereby ordered to respond to plaintiff's expert interrogatories and the Livingston County defendants are ordered to produce responses to plaintiff's fifth discovery requests served in April of 2010. At this time, the court DENIES plaintiff's motion for default due to discovery abuses, but such motion may be revisited at plaintiff's request.
So ordered.
Dated: November 22, 2010