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

Regrettably, you did not contact me or Haytham prior to unilaterally scheduling the IMEs. It is unreasonable to schedule my clients' IME without at least consulting/inquiring with us regarding their availability. Further, you indicated last week that we could reschedule as there were no "timing pressures" to conduct my clients' IMEs in light of the December discovery deadline. You did not indicate there would be any "late fees" in your correspondence.

We note that Fed. R. Civ. P. 35 would appear to require a party to seek a court order to conduct a medical examination of another party. As previously indicated, we are willing to cooperate with you to agree on reasonable conditions such as the presence of a third party (Plaintiffs' representative) as well as other conditions you have agreed to in the past (see Case No. 2:07-cv-10731). This will prevent us from unnecessarily involving the Court. However, as previously indicated, it is terribly difficult to communicate with you when you do not respond to our inquiries but instead rely on your receptionist to respond and communicate with us.

Further, please let us know whether you plan to respond to our correspondence dated October 14, 2011 whereby we ask for the production of multiple discovery items you seek to withhold on the basis of a generic "privilege" so that we may file our own Motion to Compel.

Further, as indicated in my email dated October 14, 2011, we are in receipt of the Booking Videos, Radio Transmissions, and In-car videos enclosed in Defendants' October 6, 2011 correspondence. However, we made an identical request for production in Case No. 10-12635 but were not provided with any of the audio or video records and/or audio/video recordings taken by the officers' equipment and/or police cruisers the day of the initial incident (March 10, 2010). Why weren't these disclosed when we asked for them? As you well know, one of Defendant Krause's primary contentions was that he chased Joseph Saad and physically grabbed his wrist before Joseph broke free, a contention Joseph vehemently denies. If similar audio/video was available from that incident the failure to disclose this evidence is severely prejudicial.

Further, to my knowledge, the Booking Videos, Radio Transmissions, and In-car videos you disclosed to us were not disclosed during the course of Mr. or Mrs. Saad's criminal investigation. Is there a reason or policy which permits the City of Dearborn Heights to withhold exculpatory evidence during a criminal proceeding?

On Tue, Oct 18, 2011 at 4:25 PM, Diane M. Waldenmayer <dwaldenmayer@cmda-law.com> wrote:

Please see attached correspondence from Jeffrey R. Clark regarding your clients' IMEs.

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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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