UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

SOUTHWEST METALS, 

INC., et al., 

 Plaintiffs, 

v. 

CITY OF DETROIT, et al. , 

 Defendants. 

 

Case No. 2:15-cv-11080 

District Judge Marianne O. Battani 

Magistrate Judge Anthony P. Patti 

___________________________________/ 

ORDER SETTING SUPPLEMENTAL BRIEFING SCHEDULE, 

TELEPHONIC STATUS CONFERENCE, AND INTERIM ORDER ON 

PLAINTIFFS’ MOTION TO COMPEL (DE 34) 

 Plaintiffs filed the instant motion to compel on July 26, 2016, seeking a 

Court order requiring that Defendants do the following: 1) produce Sergeant 

Rebecca McKay for deposition; 2) produce Sergeant Bernadette Dunbeck for 

deposition; 3) supply the last known address of retired officer Derek Hassan; and 

4) turn over an unredacted copy of Sergeant Dunbeck’s police report (“the 

Dunbeck report”). (DE 34.) Plaintiffs also ask the Court to award reasonable fees 

and costs related to the filing of the motion. 

 Defendants oppose the motion. Specifically, they assert that: 1) Sergeant 

McKay’s deposition should be delayed until the conclusion of the parallel state 

criminal proceeding at which she will be the prosecution’s lead witness; 2) 

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Sergeant Dunbeck’s deposition should be delayed until the Court’s decision on the 

police report; 3) they will make Officer Hassan available for deposition rather than 

supplying his personal information; and 4) the redacted portions of the Dunbeck 

report are protected by the deliberative process and law enforcement privileges. 

(DE 39.) 

 This matter came before me for a hearing on August 25, 2015. For the 

reasons stated on the record, the Court hereby orders the following: 

1. ON OR BEFORE SEPTEMBER 1, 2016, Defendants’ counsel must 

certify by letter that he is entitled to accept subpoenas on behalf of Officer 

Hassan OR provide Officer Hassan’s contact information to Plaintiffs’ 

counsel. If Defendants choose the first option, and that status changes at any 

time, Defendants must provide Officer Hassan’s contact information to 

Plaintiffs’ counsel immediately. 

2. Defendant will produce Sergeant McKay for deposition after the conclusion, 

by verdict or plea, of the parallel state court criminal proceeding. Officer 

Hassan’s deposition will take place on the same day as Sergeant McKay’s, 

the order to be determined by Plaintiffs. Likewise, Defendants shall be 

entitled to depose Plaintiff Fawaz at some point after Sergeant McKay’s 

deposition. 

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3. The Court will hold a telephonic status conference on SEPTEMBER 23, 

2016 at 10:00 a.m. to discuss the status of the parallel criminal proceeding, 

as well as the impending discovery deadline. 

4. ON OR BEFORE SEPTEMBER 6, 2016, both parties shall file 

supplemental briefing, limited to no more than ten pages, on the issue of the 

deliberative process and law enforcement privileges as they relate to the 

internal police investigative reports like the Dunbeck report. In addition, 

Plaintiff shall provide to the Court a redacted and unredacted copy of the 

Dunbeck report for in camera review. Plaintiffs will be entitled to depose 

Sergeant Dunbeck, but not until after the Court has made its ruling on the 

redaction issue in order to determine the scope of the deposition. 

5. The Court declines to award fees or costs in this matter pursuant to Federal 

Rule of Civil Procedure 37(a)(5)(C), concluding that the legal issues raised 

in the motion and response were substantially justified. 

IT IS SO ORDERED. 

Dated: August 26, 2016 s/Anthony P. Patti 

 Anthony P. Patti 

 UNITED STATES MAGISTRATE JUDGE 

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