| 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. |