Mr. Najar,
I'm afraid there may have been a misunderstanding. The subpoena is directed to you and commands your attendance at a deposition as well as your production of designated documents (it is not a Complaint) (and I am aware you do not represent any of the Defendants).
I was asking if you would agree to accept service of the subpoena via email instead of by personal service.
In any event, I will consider your response as not able to accept service via email. Accordingly, we will provide traditional service (personal service) of the subpoena.
Cordially,
Nick Hadous Sent on the Sprint Now Network from my BlackBerryÂ
From: Kal Najar <kalhnajar@yahoo.com>
Date: Tue, 24 Jan 2012 20:44:44 -0500 To: Nick Hadous<nhadous@hadousco.com> Subject: Re: Subpoena (Saad, et al. v. City of Dearborn Heights, et al. - Case No. 11-10103)
Mr. Haddous: As you know neither I nor the Wayne Co. Prosecutors office represent the City of Dearborn Heights or any other defendants in this case and therefore I am not authorized to accept any subpoenas on behalf of any defendants. You may contact my supervisors for clarification on this matter. Thank you, Kal Najar
Sent from my iPhone Gentlemen, I hope this email finds you both in good spirits. My name is Nick Hadous; I am an attorney representing Mr. Joseph Saad and Mrs. Zihra Saad ("Plaintiffs") in Saad, et al. v. City of Dearborn Heights, et al. (Case No. 11-10103) which is currently pending in the United States District Court for the Eastern District of Michigan. The purpose of this correspondence is to obtain consent from each of you to accept service of the attached subpoenas electronically (email) and/or via first class mail.
Specifically, my clients intend to inquire regarding whether the Dearborn Heights Police Department provided either of you with the audio/video recordings captured by the Dearborn Heights police officers' recording equipment ("Mobile Video Recording Equipment" or "MVRE") during the events giving rise to the criminal charges which were brought and then subsequently dismissed against Mr. Saad and his mother Zihra Saad in People v. Joseph Saad, Circuit Court Case No. 10-8999; and People v. Zihra Saad, District Case No. C030826.
We believe these recordings contain exculpatory evidence which, if provided to you, would have led to your dismissal of the criminal charges against Mr. Saad and his mother (or refusal to prosecute them on one or more of the asserted charges).
We note that while we were not initially provided with these recordings as we received them by supplemental disclosure, this is not the first time the Dearborn Heights Police Department appears to have concealed and/or destroyed material evidence captured by MVRE regarding an arrest and criminal prosecution. In a related action involving Mrs. Saad and the City of Dearborn Heights, we were advised that the Dearborn Heights Police Department did not possess similar MVRE recordings even though a uniform Sergeant who was present during the events giving rise to the related civil action testified last week that he believes such recordings did exist (in fact, he adamantly insisted they existed).
Please understand it is neither my
intent nor the intent of my co-counsel Mr. Haytham Faraj or our clientsâ intent
to impart or to suggest any impropriety on behalf of yourselves or the
Wayne County Prosecutor's office as we believe the Dearborn Heights Police
Department may have withheld these recordings from your office. Please further
understand we do not intend to cause you burden nor inconvenience by
compelling your attendance at a potentially unnecessary deposition or production of documents as you are both probably very busy in your respective capacities as Wayne County Prosecutors.
Accordingly, we are open to discussing a less burdensome mode of seeking the
discovery sought by the attached subpoenas. You may contact me (or Mr. Faraj who is copied on this email) at your convenience
via email at nhadous@hadousco.com or via telephone at (313) 415-5559 to discuss an alternative (hopefully less burdensome) mode of discovery.
Cordially, Nick Hadous
--
____________________________________
HADOUSCO. |PLLC
Offices in Dearborn, MI and Scottsdale, AZ
Admitted:
- State Bar of Arizona
- State Bar of California
- United States Courts, Sixth Circuit Court of Appeals District of Arizona
Eastern District of Michigan
____________________________________
Direct: 313.415.5559
Office: 313.450.4670
Fax: 888.450.0687
Email: nhadous@hadousco.com
www.hadousco.com
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