Re: Motion for Goodfellas

[Carolynn Beck <carolynn.beck@gmail.com>]

I see, thanks; I emailed Wissam early this morning but I haven't heard  
back from him yet. I am hoping to get an update from him by tomorrow  
because I am a little worried about putting off the motion any longer,  
since I will be receiving LASIK surgery on Friday. I would try to  
change the surgery date but Albert had to put in leave to be here for  
my surgery this weekend.

Do you think we need to extend the deadline (or if this is even still  
an option this close to the deadline?) Or do you have any other  
suggestions?

Thank you,

Carolynn Beck
(202) 316-1367



On May 25, 2010, at 12:16 PM, Haytham Faraj wrote:

The hearing date for the Motion is June 8.  It needs to be filed by  
June 1st.

From: Carolynn Beck [mailto:carolynn.beck@gmail.com]
Sent: Monday, May 24, 2010 12:50 PM
To: Haytham Faraj
Subject: Motion for Goodfellas

Hi Haytham,

I added a reference to the below portion of MCR 2.116(H)(1) to the  
opposition of summary disposition.  I also deleted the elements of the  
conspiracy and concert of action causes of action so that I could just  
put in the argument re the underlying theories like we had discussed  
on the phone. I didn't have much luck finding Michigan caselaw  
regarding extension of discovery after doing another search.  I'm  
wondering if I should do a search for caselaw under the federal civil  
procedure rules.  What do you think?  Would this be helpful?  I did  
find a few things in other states that was relevant, most notably in  
California, but didn't use those since I wasn't sure how persuasive it  
would be.  Please let me know if you had better luck than I did.

I am going to send an email to Wissam tomorrow just to check in.  He  
told me last week that he expected to hear back from the various  
witnesses this week.  Can you please let me know if you hear from him  
before I do?  I am guessing that the requirement for affidavit below  
would require Wissam to write up an affidavit before we can file this  
opposition if he hasn't gotten affidavits from the other parties he's  
trying to contact.  Have you had a chance yet to tell Wissam about  
that requirement?  If not, I can talk to him about it and let him know  
what he has to write, or write up a template and have him fill in/sign  
it, but I may need some guidance from you regarding what the format of  
the affidavit needs to be.

Also, I know the motion must be filed 7 business days before the  
hearing - can you tell me what the exact hearing date for this motion  
is?

Thank you!  Hope your Monday is going well.

Carolynn

PS - I took care of the spacing issues you mentioned. :-)
Carolynn Beck
(202) 316-1367



Begin forwarded message:

From: Carolynn Beck <carolynnn@gmail.com>
Date: May 24, 2010 12:16:08 PM EDT
To: Haytham Faraj <haytham@puckettfaraj.com>
Subject: MCR 2.116(H)(1)(a) through 2.116(H)(2)(b)



(H) Affidavits Unavailable
(1) A party may show by affidavit that the facts necessary to support  
the party's position cannot be presented because the facts are known  
only to persons whose affidavits the party cannot procure. The  
affidavit must
     (a)  name these persons and state why their testimony cannot be  
procured, and
     (b)  state the nature of the probable testimony of these persons  
and the reason for the party's belief that these persons would testify  
to those facts.
   (2) When this kind of affidavit is filed, the court may enter an  
appropriate order, including an order
     (a)  denying the motion, or
     (b)  allowing additional time to permit the affidavit to be  
supported by further affidavits, or by depositions, answers to  
interrogatories, or other discovery.