Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kitchen v. Winn

United States District Court, E.D. Michigan, Southern Division

April 19, 2019

MICHAEL KITCHEN, Plaintiff,
v.
O'BELL T. WINN, WILLIAM FOY, NANNIE CULBERSON, THOMAS HAYNES, KETURAH MORRIS, MARK CHALKER, BRADLEY ODETTE, BOBBY KARL, TONY GLYNN, BRIAN TROMBLEY, and UNKNOWN SUPERVISORS OR GUARDS, Defendants.

          George Caram Steeh Judge

          OPINION AND ORDER DEEMING WITHDRAWN IN PART AND DENYING IN PART PLAINTIFF'S THIRD MOTION TO COMPEL DISCOVERY AND TO IMPOSE SANCTIONS AGAINST DEFENDANT ODETTE (DE 51) and GRANTING PLAINTIFF'S MOTION TO WITHDRAW PORTIONS OF THE MOTION TO COMPEL (DE 55)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         I. OPINION

         A. Background

         Michael Kitchen is currently incarcerated at the MDOC's Michigan Reformatory (RMI) in Ionia, Michigan.[1] On May 19, 2017, while incarcerated at the Earnest C. Brooks Correctional Facility (LRF), Plaintiff filed this lawsuit against ten named Defendants, each of whom is described as an employee of the Saginaw Correctional Facility (SRF) and represented by the Attorney General's Office. (DEs 1, 11.) Recently, Plaintiff was granted permission to file an amended complaint no later than Thursday, April 25, 2019, subject to certain guidance. (DE 57.)

         Judge Steeh has referred this case to me for all pretrial proceedings. Among other things, I have already entered orders regarding Plaintiff's first two motions to compel, one on September 4, 2019 and another on January 18, 2019. (See DEs 36, 44.)

         B. Plaintiff's pending, third motion to compel

         Plaintiff claims to have “filed” (presumably “served”) a third set of discovery requests, presumably on January 24, 2019. (DE 51 at 2.) The February 4, 2019 discovery deadline has now passed. (DE 44 at 17.)[2]

         Defendant Odette's and Defendant Morris's responses to Plaintiff's third set of interrogatories are dated February 8, 2019 and February 12, 2019, respectively. (DE 51 at 16-19, 11-14.) Defendants also provided a response to Plaintiff's third request for production of documents or electronically stored information (ESI); however, the copy attached to the instant motion is not dated. (DE 51 at 21-23.)

         In any event, the parties seem to agree that Defendants responded on February 19, 2019. (DE 51 at 2; DE 54 at 3.)

         Meanwhile, from February 7, 2019 to March 8, 2019, the parties exchanged correspondence. (DE 51 at 25-26, 28; DEs 54-2, 54-3, 54-5, 54-5, 54-6.) Currently before the Court is Plaintiff's March 11, 2019 third motion to compel discovery and to impose sanctions against Defendant Odette, whereby Plaintiff requests an order requiring: (1) Defendant Morris to respond to Interrogatory No. 4; (2) Defendant Odette to respond to Interrogatory Nos. 3 and 4; and, (3) Defendants to respond to Plaintiff's document request(s). (DE 51.) According to Plaintiff, Defendants Odette and Morris “failed to completely respond to questions posed at them, ” and they “failed to completely provide requested information.” (DE 51 at 2.)[3]

         On March 13, 2019, Carolle Walker, an SRF administrative assistant, signed an affidavit regarding grievance retention and searchability and Defendant Odette signed a supplemental response to Interrogatory No. 7. (DE 54-9, DE 54-7 at 4-5.)

         Defendants' supplemental response to Plaintiff's third request for production of documents or ESI is dated the same day. (DE 54-7 at 8-9.)

         Defendants filed a response to the instant motion on March 19, 2019. (DE 54.) Among the attachments to this motion are: (a) a March 19, 2019 letter, which in part explains that Odette's omission of a response to Interrogatory No. 3 was an accident and would be supplemented (DE 54-7 at 2-3); (b) Defendant Odette's unsigned March 19, 2019 supplemental response to Interrogatory No. 3 (DE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.