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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] 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 |