Re: Saad, Joseph & Zihra v City of Dearborn Heights, et al.

[Nick Hadous <nhadous@hadousco.com>]

Mr. Sturdy,

 

We requested the complete Dearborn Heights Policies and Procedures Manual in Plaintiffs' First Request for Production of Document to the Defendant City of Dearborn Heights. 

Request For Production No. 4:  Produce the Dearborn Heights Police Department Policies and Procedures Manual.

 

We requested this again in our correspondence to Mr. Clark dated October 14, 2011.  To date, we have not been provided with the requested discovery.  Instead, you have stated that this discovery is subject to an "executive/deliberative process privilege" and sought the entry of a "protective order" to protect a public body's policies and procedure manual.  It is Plaintiffs' position that this contention is unsupported by existing law.  Unless Defendants contend that the City of Dearborn Heights and/or its Police Department are not public bodies, we would respectfully request that you provide the discovery we first sought many months ago.

 

As noted by our previous correspondence, we have a limited discovery window and do not wish to unnecessarily involve the Court or to delay this action further.

 

Accordingly, please advise by no later than Monday whether Defendants will produce the Dearborn Heights Police Department's complete Policies and Procedures Manual as requested.  We will not agree to a protective order regarding publicly discoverable information.  We hope to avoid filing a Motion to Compel (which, regrettably, appears to have been required in numerous other cases involving the City of Dearborn Heights) so as to preserve the parties' as well as the Court's collective resources.

 

Cordially,

 

Nick

 

 

On Fri, Oct 21, 2011 at 1:29 PM, Diane M. Waldenmayer <dwaldenmayer@cmda-law.com> wrote:

Please see attached correspondence and documents from Patrick R. Sturdy.

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Diane M. Waldenmayer
Cummings, McClorey, Davis, & Acho, P.L.C.
33900 Schoolcraft Road
Livonia, Michigan 48150
E-mail:  dwaldenmayer@cmda-law.com
Phone:   (734)261-2400 Ext. 1298
Fax:      (734)261-4510


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