Go ahead and send it. It doesn’t hurt. Give them until Monday at 8 am to concur and file From: Nick Hadous [mailto:nhadous@hadousco.com] 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:
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)
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
____________________________________ Nick N. Hadous Admitted: - State Bar of Arizona - State Bar of California - United States District Court, District of Arizona Eastern District of Michigan ____________________________________ Direct: 313.415.5559 |