UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

________________________________

BOARD OF TRUSTEES OF THE 

MICHIGAN LABORERS’ PENSION

FUND,

Plaintiff,

 Case No. 2:14-cv-14142

v. U.S. District Judge Matthew F. Leitman

 U.S. Magistrate Judge Mona K. Majzoub

RITE WAY FENCE, INC., a Michigan

corporation, MARX CONTRACTING, INC.

a Michigan corporation, H & H RENTALS, 

L.L.C., a Michigan limited liability company, 

and EUGENE M. ZAPCZYNSKI, an individual,

jointly and severally,

Defendants.

________________________________

PLAINTIFF’S MOTION FOR LEAVE 

TO FILE A SUPPLEMENT TO MOTION TO COMPEL (DKT. 27)

BRIEF IN SUPPORT

CERTIFICATE OF SERVICE

Christopher P. Legghio (P27378)

Michael J. Bommarito (P36870)

Legghio & Israel, P.C.

306 South Washington Avenue, Suite 600

Royal Oak, MI 48067-3837

(248) 398 5900

cpl@legghioandisrael.com

Attorneys for Plaintiff

January 27, 2016

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PLAINTIFF’S MOTION FOR LEAVE 

TO FILE A SUPPLEMENT TO MOTION TO COMPEL (DKT. 27) 

Plaintiff moves for leave to file the supplement (Ex. 1) in support of its 

motion to compel (Dkt. 27) currently pending before the Magistrate Judge:

1. On November 30, 2015, Plaintiff filed a motion seeking an Order (a) 

compelling the production of documents sought in Plaintiff’s June 1, 2015 

document request, (b) compelling Fed. R. Civ. P. 30(b)(6) depositions, (c) for all 

other relief deemed appropriate including Rule 37 sanctions which is pending 

before the Magistrate.

2. Plaintiff seeks leave to file the supplement attached as Ex. 1 to update 

the Court and, in particular, report on the events of January 8, 2016, i.e., when 

Defendants (a) presented ostensible Rule 30(b)(6) witnesses who were unprepared, 

and (b) failed to produce many requested documents. Time is of the essence: 

barely over one month remains on discovery (discovery cut-off is March 8, 2016) 

and Defendants still have not produced many important documents requested over 

seven months ago.

3. As shown in the proposed supplement, Plaintiff asks the Court to 

convene a hearing or telephone conference at the earliest opportunity and (a) order 

Defendants to immediately produce all unproduced documents encompassed by 

Plaintiff’s June 1, 2015 request, (b) compel the appearance of Rule 30(b)(6) 

Case 2:14-cv-14142-MFL-RSW ECF No. 34, PageID.474 Filed 01/27/16 Page 2 of 5
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witnesses, and (c) grant such other relief, including fees and sanctions, as the Court 

finds warranted.

4. On January 25, 2016, Plaintiff’s counsel sought concurrence from 

Defendants’ counsel on the relief requested in this motion, but did not obtain such 

concurrence. So, this motion is necessary.

For the reasons above, Plaintiff asks that this Court allow it to file the 

supplemental brief attached as Ex. 1.

/s/ Michael J. Bommarito

Christopher P. Legghio (P27378)

Michael J. Bommarito (P36870)

Legghio & Israel, P.C.

306 South Washington Avenue, Suite 600

Royal Oak, MI 48067-3837

(248) 398 5900

cpl@legghioandisrael.com

Attorneys for Plaintiff

Dated: January 27, 2016

Case 2:14-cv-14142-MFL-RSW ECF No. 34, PageID.475 Filed 01/27/16 Page 3 of 5
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BRIEF IN SUPPORT OF PLAINTIFF’S MOTION FOR LEAVE 

TO FILE A SUPPLEMENT TO MOTION TO COMPEL (DKT. 27) TO

ADDRESS DEFENDANTS’ ONGOING DISCOVERY VIOLATIONS

LOCAL RULE 7.1 STATEMENT OF ISSUE

Whether this Court should permit Plaintiff to file a supplement to its motion 

to compel to update the Court with regard to the events of January 8, 2016 when 

Defendants failed to produce prepared Fed. R. Civ. P. 30(b)(6) witnesses and many 

important documents.

LOCAL RULE 7.1 STATEMENT OF APPROPRIATE AUTHORITY

U.S. v Whitehouse, 922 F. Supp. 1 (ED Mich 1996) (granting defendant leave to 

file a supplemental brief).

ARGUMENT

In support of its motion, Plaintiff relies upon the Court’s authority to permit 

the supplement, and upon the statements made in the motion and the proposed 

supplement attached as Ex. 1.

/s/ Michael J. Bommarito

Christopher P. Legghio (P27378)

Michael J. Bommarito (P36870)

Legghio & Israel, P.C.

306 South Washington Avenue, Suite 600

Royal Oak, MI 48067-3837

(248) 398 5900

cpl@legghioandisrael.com

Attorneys for Plaintiff

Dated: January 27, 2016

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CERTIFICATE OF SERVICE

Dennis R. Flynn says that on January 27, 2016, he efiled Plaintiff’s Motion, 

Brief and Exhibit and this certificate of service in the foregoing matter through the 

CM/ECF system which will send notice to the attorneys of record.

/s/ Dennis R. Flynn

Dennis R. Flynn

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