Kitchen v. Winn

          George Caram Steeh Judge

         OPINION AND ORDER (1) CONSTRUING PLAINTIFF'S EMERGENCY MOTION FOR RECONSIDERATION (DE 60) AS A SUPPLEMENTAL MOTION TO AMEND AND GRANTING SUCH MOTION; (2) PROVIDING DIRECTION TO THE CLERK OF THE COURT & THE USMS WITH RESPECT TO SERVICE OF THE AMENDED COMPLAINT (DE 61) UPON DEFENDANTS BIDDLE AND SMITH; (3) EXTENDING DATES; (4) DENYING WITHOUT PREJUDICE MOTIONS TO EXCEED PAGE LIMIT (DES 75, 78); AND, (5) STRIKING SEVERAL FILINGS (DES 76, 77, 80)

          Anthony P. Patti Magistrate Judge

         I. OPINION

         A. Original Complaint

         Michael Kitchen (#189265), is currently in the Michigan Department of Corrections' (MDOC's) custody at Michigan Reformatory (RMI) in Ionia, Michigan. (DE 43.) On May 19, 2017, while incarcerated at the Earnest C. Brooks Correctional Facility (LRF), Kitchen filed the instant lawsuit in pro per against ten named defendants, each of whom is identified as being located at the Saginaw Correctional Facility (SRF). (DE 1 ¶¶ 5-7.) In addition, he listed as Defendants “Unknown Supervisors or Guards.” (DE 1 ¶ 8.)

         Each of the ten named defendants is represented by Michigan's Attorney General. Defendants were given until September 27, 2017 by which to file a responsive pleading. (DEs 23, 24.) On May 22, 2018, Judge Steeh entered an order accepting my report and recommendation, granting in part and denying in part Defendants' motion for summary judgment, and dismissing Plaintiff's claims for money damages against Defendants in their official capacities. (DE 33.)

         B. Discovery & Dispositive Motion Deadlines

          On September 11, 2018, I entered an order setting the discovery deadline for November 6, 2018 and the dispositive motion cutoff for December 6, 2018. (DE 37.) Since then, there have been several extensions: (1) on December 4, 2018, the discovery deadline was extended to Monday, January 7, 2019, and the dispositive motion deadline was extended to Wednesday, February 6, 2019; (2) on February 27, 2019, the dispositive motion cutoff was extended to June 5, 2019; and, (3) on July 30, 2019, the discovery deadline was extended to July 16, 2019, and the dispositive motion cut-off was set for August 15, 2019.

         C. Plaintiff's Attempt to Amend His Complaint

          Meanwhile, on January 25, 2019, Plaintiff filed a motion to amend his complaint, attached to which was a proposed amended complaint. (DE 45, DE 45- 1.) On April 8, 2019, I entered an opinion and order granting in part and denying in part Plaintiff's motion. (DE 57.) Among other things, I stated that “the Court is not convinced that there was adequate information for prison officials to know that Plaintiff was grieving proposed Defendants Biddle and Smith.” (DE 57 at 14; see also DE 57 at 17.) Therefore, the Court denied Plaintiff's motion to amend as to proposed Defendants Biddle and Smith. (DE 57 at 23.)

         D. Instant Matter

         Among the many motions currently pending before the Court is Plaintiff's April 23, 2019 emergency motion for reconsideration of the Court's April 8, 2019 order (DE 57), to the extent it denied the motion to amend as to adding Defendants Smith and Biddle. (DE 60 at 1-5.) Defendants filed a response on May 24, 2019, wherein they state that Plaintiff “has now identified the source of his contention that Biddle and Smith are involved in the chain of events that this suit is based upon, ...