United States District Court, E.D. Michigan, Southern Division
F. Cox District Judge.
ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS'
MOTION TO COMPEL THE DEPOSITION OF DEFENDANTS'
“SOURCE OF INFORMATION #2499” (ECF 52)
Anthony P. Patti United States Magistrate Judge.
case is one of several filed against the City of Detroit and
others by alleged lawful and licensed operators of marijuana
grow and/or distribution facilities. On August 31, 2018, this
Court denied a motion for class certification in one such
case, which was later terminated by way of a March 28, 2019
stipulated order of dismissal with prejudice and without
costs. See, e.g., Davis, et al. v. City of
Detroit, et al. (Case No. 2:15-cv-10547-PDB-DRG [ECFs
the instant and several similar cases were filed.
See, e.g., Lockard et al. v. City of
Detroit et al. (Case No. 2:18-cv-13045-PDB-DRG);
Gardella et al. v. City of Detroit et al. (Case No.
2:18-cv-13678-TGB-APP); Metris-Shamoon et al. v. City of
Detroit et al. (Case No. 2:18-cv-13683-AJT-RSW); and,
Frontczak et al. v. City of Detroit et al. (Case No.
3:18-cv-13781-RHC-DRG). In many of these cases, a source of
information (SOI) or a confidential informant (CI) is or was
The Instant Case
November 26, 2018, Justin Reed and Stephen McMullen filed the
instant case, via counsel, against the City of Detroit and
John/Jane Doe Police Officers. In their March 28, 2019 first
amended complaint, which is the operative pleading at this
juncture, Plaintiffs identify the individual Defendants as
Sgt. Stephen Geelhood, Gregory Tourville, Steven Riley, Larry
Barnett, Matthew Bray, Amy Matelic, and Arthur Leavells.
Although Plaintiffs claim their arrest and detention was
undertaken without probable cause (ECF 19 ¶¶ 17,
22, 31), their only mention of an “affidavit” in
the operative pleading is as follows:
Plaintiffs recently obtained an affidavit in support of a
search warrant for their premises (though Plaintiffs were
never shown a copy of same) that was signed by Defendant
Arthur Leavells who was criminally indicted and pled guilty
for his role in a conspiracy to rob legitimately operated
marijuana grow and distribution facilities in and around the
City of Detroit.
(ECF 19 ¶ 18; see also ECF 52-2.)
the exception of Leavells, as to whom the Clerk has entered a
default, Defendants have appeared and are represented by
counsel. (ECFs 5-6, 26-28, 37-39, 50.) The Court conducted a
scheduling conference on July 30, 2019, and the resulting
scheduling order sets a discovery deadline of May 1, 2020.
27, 2019 - a date prior to the aforementioned discovery
conference - Plaintiff's served a notice of taking
deposition of confidential informant #2499. (ECF 52-3.)
Counsel for the parties discussed the possible deposition of
SOI 2499 from at least August 2019 through September 17,
2019. (ECF 52-4 at 2-23.)
before the Court is Plaintiff's September 24, 2019 motion
to compel the deposition of Defendants' SOI #2499, which
Judge Cox has referred to me for hearing and determination.
(ECFs 52, 54.) Defendants have filed a response, and
Plaintiffs have filed a reply. (ECFs 56, 57.) The parties
also submitted a joint list of unresolved issues. (ECF