Dear Mr. Hadous,
As I stated during our phone conversation, I would need to review any proposed amended complaint in writing before I could agree to its being filed. I need to see exactly what is alleged in the proposed amended complaint. While I appreciate your indicating the types of claims you intend to add, without the reviewing the specific allegations as plead I cannot agree to the proposed filing. The information you have provided in your email is simply not sufficient to determine whether a legally cognizable cause of action is plead. Prior to your hanging up during our phone conversation a short while ago, you agreed to provide a copy of the proposed amended complaint and that we would have until 4:00 to review the proposed amended complaint.
Thanks
Patrick Sturdy
On 10/21/2011 12:24 PM, Nick Hadous wrote:Gentlemen,We are writing pursuant to L.R. 7.1 to seek your consent to permit Plaintiffs to file an Amended Complaint. Specifically, plaintiffs propose adding the following claims:1. 42 U.S.C. § 1983 – Conspiracy (Defendants Keller and Cates)
2. 42 U.S.C. § 1983 – Fourteenth Amendment – Brady Violation (Defendants Keller and Cates)
3. 42 U.S.C. § 1983 – Fourteenth Amendment – Perjury (Defendant Keller)
4. 42 U.S.C. § 1983 – Fourteenth Amendment – Monell Claim: Unconstitutional Custom, Policy, and Practice (Defendant City of Dearborn Heights)
The basis for these claims is based on Defendants failure to disclose exculpatory evidence in the matter of People v. Joseph Saad Case No. 10-8999).Defendants provided a Supplemental Response to Plaintiffs’ First Request for Production of Documents No. 3 by correspondence and enclosure dated October 6, 2011, copies of the individually-named Defendants’ in-car video and audio recording of the incident giving rise to the Plaintiffs’ cause of action. The contents of the recordings establish that Plaintiff Joseph Saad was falsely and maliciously prosecuted on the basis of Defendant Keller’s perjured testimony regarding whether he was “assaulted” by Plaintiff Joseph Saad. These recordings were not provided to Plaintiff Joseph Saad or to his defense attorney during the unjust criminal proceedings initiated by the Defendants against him and his mother Plaintiff Zihra Saad. Further, when Plaintiffs initially requested these recordings in their First Request for Production of Documents, Defendants responded, “Defendant has no such recordings.”We planned to file this Motion today. We have made repeated attempts to contact Mr. Clark by telephone and email during the past week (to no avail). We do not intend you to rush to judgment, but if we do not receive your consent by 3:00 p.m., we will assume Defendants' consent is withheld.Cordially,Nick
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HADOUSCO. |PLLC
Offices in Dearborn, MI and Scottsdale, AZ
Nick N. HadousAdmitted:- State Bar of Arizona- State Bar of California- United States District Court,District of ArizonaEastern District of Michigan
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Direct: 313.415.5559
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Fax: 313.846.6358
Email: nhadous@hadousco.com
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