UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DERRICK FRANKLIN,

et al. CIVIL ACTION NO. 09-cv-10947

Plaintiffs,

DISTRICT JUDGE JOHN FEIKENS

 vs.

MAGISTRATE JUDGE MONA K. MAJZOUB

STATE FARM FIRE AND

CASUALTY CO., 

Defendant.

 /

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO

COMPEL DOROTHY LOUISE OMAR-ANTWINE TO ATTEND HER DEPOSITION

OR, IN THE ALTERNATIVE, MOTION FOR AN ORDER HOLDING [HER] IN

CONTEMPT (DOCKET NO. 23) AND ORDER FOR DOROTHY LOUISE OMARANTWINE TO APPEAR AT DEPOSITION 

This matter is before the Court on Defendant’s Motion To Compel Dorothy Louise OmarAntwine to Attend Her Deposition Or, In The Alternative, Motion For An Order Holding Dorothy

Louise Omar-Antwine In Contempt filed on October 26, 2009. (Docket no. 23). No Response was

filed within the time for responding. (Docket no. 24). All pre-trial proceedings were referred to the

undersigned. (Docket no. 4). On December 18, 2009 the Court ordered Dorothy Louise OmarAntwine to show cause for her failure to obey Defendant’s subpoena. (Docket no. 25). Defendant

and Omar-Antwine appeared for the show cause hearing on January 6, 2010. The matter is ready

for ruling. 

The Court incorporates the summary of there matters which appears in its December 18,

2009 Order to Show Cause. (Docket no. 25). The Court will grant Defendant’s motion in part. The

Court ordered on the record that Omar-Antwine will appear for deposition on January 18, 2010 at

11:00 a.m. at a location in Saginaw, Michigan. The location of the deposition is within the limits

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of Fed. R. Civ. P. 45(c)(3)(A)(ii). The Court will order Defendant to re-notice the deposition in

compliance with this date, time and location. The Court will deny without prejudice at this time,

Defendant’s request to hold Omar-Antwine in contempt. 

IT IS THEREFORE ORDERED that Defendant’s Motion (docket no. 23) is GRANTED

in part and Dorothy Louise Omar-Antwine will appear for deposition on Monday, January 18,

2010 at 11:00 a.m., at a location in Saginaw, Michigan to be noticed by Defendant. 

IT IS FURTHER ORDERED that Defendant will re-notice Dorothy Louise OmarAntwine’s deposition for Monday, January 18, 2010 at 11:00 a.m. at a location in Saginaw,

Michigan.

IT IS FURTHER ORDERED that Defendant’s request that Omar-Antwine be held in

contempt is DENIED without prejudice at this time. However, as stated at the hearing, OmarAntwine’s failure to appear for her deposition may result in her being held in contempt of

court pursuant to Fed. R. Civ. P. 45(e).

Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of

this Order within which to file any written appeal to the District Judge as may be permissible under

28 U.S.C. 636(b)(1).

Dated: January 11, 2010 s/ Mona K. Majzoub 

MONA K. MAJZOUB

UNITED STATES MAGISTRATE JUDGE

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PROOF OF SERVICE

I hereby certify that a copy of this Order to Show Cause was served upon Dorothy Louise

Omar-Antwine at 3251 S. Auburn Road, Saginaw, Michigan 48601 and Counsel of Record on this

date.

Dated: January 11, 2010 s/ Lisa C. Bartlett 

Case Manager

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