UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RHONDA COLLINS,

Plaintiff,

v.

DMC HOSPITAL PARTNERSHIP, ET AL.,

Defendants.

Case No. 09-11326

SENIOR UNITED STATES DISTRICT JUDGE

ARTHUR J. TARNOW

UNITED STATES MAGISTRATE JUDGE

PAUL J. KOMIVES

 /

ORDER ON MOTIONS [56], [57], [58], [59], [60], [61], [62], [63], [64], [82],[85], [86]

Before the Court are the above motions. 

On April 12, 2011, the Court heard oral arguments on the motions. 

I. Defendants’ Motion to Stay [56], Defendant DMC’s Motion for

Summary Judgment as to Plaintiff’s §1983 claims [58], Defendants Lauhoff, Meixner, and

Saidock’s Motion for Summary Judgment as to Plaintiff’s state law claims for assault and

battery, false arrest and/or false imprisonment, negligence and/or gross negligence, and

failure to train/supervise/hire [60], and Defendants’ Motion for Stay on the Basis of

Defendant Meixner’s Military Service [82]

For the reasons stated on the record, these motions are DENIED.

II. Defendant Saidock’s Motion for Summary Judgment as to Plaintiff’s

§1983 claims [57], Defendants’ Motion for Summary Judgment of Plaintiff’s claim for

intentional infliction of emotional distress [62], and Defendant Berner’s Motion for Partial

Summary Judgment of Plaintiff’s claims [63] 

As indicated on the record, the parties stipulate to the dismissal without prejudice of the

claims addressed in the above motions. Accordingly, the motions are deemed resolved. 

Plaintiff’s §1983 claims as to Defendant Saidock are DISMISSED WITHOUT PREJUDICE. 

Plaintiff’s claim for intentional infliction of emotional distress is DISMISSED WITHOUT

PREJUDICE. Plaintiff’s claims as Defendant Berner are DISMISSED WITHOUT

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PREJUDICE. 

III. Defendants’ Motion for Summary Judgment as to Plaintiff’s claims “in

her own capacity” under the Michigan Wrongful Death Act [59]

As stated on the record, the parties stipulate to the dismissal with prejudice of the claims

addressed in the above motion. Accordingly, the motion is deemed resolved. Plaintiff’s claims

“in her own capacity” under the Michigan Wrongful Death Act are DISMISSED WITH

PREJUDICE. 

IV. Defendants Meixner and Lauhoff’s Motion for Summary Judgment of

Plaintiff’s §1983 claims on the basis of qualified immunity [61]

As stated on the record, the parties stipulate to the dismissal of the conspiracy claim

addressed in the above motion. Accordingly, the motion is deemed resolved as to that issue. 

Plaintiff’s conspiracy claim is DISMISSED.

For the reasons stated on the record, the remainder of the motion is DENIED.

V. Defendants’ Motion for Summary Judgment of Plaintiff’s state law claims without

prejudice [64]

Plaintiff stipulates in her brief to the removal of subparagraphs c, d, e, and g of paragraph

54 of Count V from the First Amended Complaint. Accordingly, those allegations are stricken. 

For the reasons stated on the record, the remainder of the motion is DENIED. 

VI. Defendants’ Motion for Qualified Protective Order and Authorization Allowing Ex

Parte Interviews With Physicians and/or Medical Providers [85]

As stated on the record, the length of the interviews to be held with each doctor is

restricted to two hours. 

The parties indicated on the record that they have settled all remaining issues raised in

this motion. Accordingly, the motion is deemed resolved. 

VII. Defendants’ Motion to Extend Discovery [86]

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This motion seeking the scheduling of a conference was previously granted when the

Court held a conference with all counsel on March 9, 2011. Accordingly, the clerk shall close

this motion. 

SO ORDERED.

S/ARTHUR J.TARNOW Arthur J. Tarnow

Senior United States District Judge

Dated: April 15, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on

April 15, 2011 by electronic and/or ordinary mail.

S/MICHAEL_WILLIAMS 

 Case Manager

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