Clayton v. Kroopnick et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JUSTIN T. CLAYTON, on behalf of his minor
son, J.C.,
Plaintiffs, 	Case No. 2:22-cv-12156
v. 	Honorable Susan K. DeClercq
United States District Judge
FOWLERVILLE COMMUNITY SCHOOLS,
et al.
Defendants.
______________________________________/
ORDER GRANTING DEFENDANT’S MOTION TO COMPEL PLAINTIFF
TO PROVIDE DEPOSITION DATES (ECF No. 83) AND DIRECTING
PLAINTIFF TO PROVIDE DEPOSITION AVAILABILITY TO DEFENSE
COUNSEL ON OR BEFORE NOVEMBER 10, 2025
On October 31, 2025, this Court granted Defendant Fowlerville Community
Schools’ third motion to adjourn the discovery period and extended the discovery
period for Defendant only to December 10, 2025. ECF No. 82 at PageID.1752.
On November 5, 2025, Defendant filed a motion seeking a court order
compelling Plaintiff Justin Clayton to provide dates on which he and his minor son,
J.C. are available to be deposed. ECF No. 83. In this motion, defense counsel
explains that he e-mailed Plaintiff’s counsel three times over the last two weeks
asking for possible deposition dates, but Plaintiff’s counsel has not yet responded.
Id. at PageID.1754. Therefore, Defendant requests an order compelling Plaintiff to
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provide available dates for in person depositions on or before November 11, 2025,
in light of the quickly approaching December 10 discovery cutoff and the upcoming
Thanksgiving holiday. Id. at PageID.1755.
This Court is deeply troubled by Defendant’s report that Plaintiff’s counsel
has not responded to defense counsel’s repeated requests for Plaintiff and his minor
son’s availability to sit for a deposition, especially in light of the ongoing discovery
issues in this case. So, this Court will require Plaintiff to provide Defendant with
five dates between November 12 and December 9, 2025, on which Plaintiff and his
minor son, J.C., are available to be deposed. Plaintiff must provide these five dates
to Defendant on or before November 10, 2025.
Accordingly, it is ORDERED that Defendant’s Motion to Compel Plaintiff
to Provide Deposition Dates, ECF No. 83, is GRANTED.
Further, it is ORDERED that Plaintiff is DIRECTED to provide Defendant
with five dates between November 12 and December 9, 2025, on which Plaintiff
and his minor son, J.C., are available to be deposed. Plaintiff must provide these five
dates to Defendant on or before November 10, 2025.
This is not a final order and does not close the above-captioned case.
/s/Susan K. DeClercq
SUSAN K. DeCLERCQ
United States District Judge
Dated: November 6, 2025
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