Opinion
Case No. 06-10428.
December 6, 2006
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO COMPEL PRODUCTION OF WITNESS' STATEMENTS (DKT. #34)
On September 19, 2006, Defendants filed their Motion to Compel Production of Witness' Statements (Dkt. #34). Defendants' motion was referred for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). On November 14, 2006, a telephonic hearing was held regarding Defendant's motion. For reasons stated on the record and indicated below IT IS ORDERED THAT:
1. Defendants' motion is GRANTED IN PART as it pertains to the statement given by Ms. Lulu Hollow to Plaintiff's investigator. On or before December 15, 2006, Plaintiff's counsel shall provide Defendants' counsel with a description of all factual elements contained within Ms. Hollow's statement, including the degrees of uncertainty Ms. Hollow may have expressed in answering questions. Plaintiff's counsel indicated on that record that Ms. Hollow has now been deposed. This Order does not waive Plaintiff's right to pose objections at future depositions of Ms. Hollow.
The statement was originally a recorded interview. Plaintiff's counsel indicated on the record that the statement has now been transcribed and is approximately 6 to 7 pages in length.
It was discussed whether Plaintiff's counsel's distilled statement of facts and the original transcribed version of Ms. Hollow's statement should be submitted to the undersigned for in camera review. Defendants' counsel indicated on the record that such a review was unnecessary.
2. Defendants' motion is DENIED as it pertains to the statement given by Mr. William Ashcroft to Plaintiff's investigator. Because Defendants failed to provide sufficient reasons why they should be provided with Mr. Ashcroft's statement, Defendants' motion is denied without prejudice.
The parties to this action may object to and seek review of this Order, but are required to file any objections within ten (10) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2). Any objections are required to specify the part of the Order to which the party objects and state the basis of the objection. Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served upon this Magistrate Judge.
SO ORDERED.