2:25-cv-10132•Bouie v. Alzayadi et al
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ERIC LEE BOUIE, Plaintiff, v. AHMED ALZAYADI, Defendants. Case No. 25-10132 Honorable Linda V. Parker Magistrate Judge Elizabeth A. Stafford ORDER GRANTING IN PART MOTION TO COMPEL (ECF NO. 39), AND ORDERING PARTIES TO SUBMIT A PROPOSED AMENDED SCHEDULING ORDER Plaintiff Eric Lee Bouie sues two deputies of the Oakland County Sheriff’s Department under 42 U.S.C. § 1983. ECF No. 32-1; ECF No. 43. The Honorable Linda V. Parker referred the matter to the undersigned for all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No. 8. Bouie proceeded pro se until October 17, 2025, when counsel filed an appearance on his behalf. ECF No. 45. The Court then held a status conference on October 29, 2025. ECF No. 45; ECF No. 46. During the conference, the parties agreed to submit a stipulation and proposed order to amend the scheduling order no later than November 3, 2025. The Case 2:25-cv-10132-LVP-EAS ECF No. 49, PageID.<pageID> Filed 10/30/25 Page 1 of 4
2 amended schedule must include a deadline for Bouie to amend his pleadings. Before counsel appeared for Bouie, defendants moved to compel discovery. ECF No. 39. Bouie responded with substantive answers to the discovery requests, but without waiving his objections. ECF No. 42. His without-waiving objections were improper. “[A] party cannot cloak its answers in without-waiving objections.” Aprile Horse Transp., Inc. v. Prestige Delivery Sys., Inc., No. 5:13-CV-15-GNS-LLK, 2015 WL 4068457, at *3 (W.D. Ky. July 2, 2015). In other words, “[a] party either objects to production or produces. If it produces, the objections are generally deemed waived.” Riley v. NewPenn Kilt, LLC, No. 518CV00014TBRHBB, 2020 WL 59838, at *2 n.1 (W.D. Ky. Jan. 6, 2020). And Bouie failed to indicate whether he withheld documents based on its objections. “An objection must state whether any responsive materials are being withheld on the basis of that objection.” Fed. R. Civ. P. 34(b)(2)(C); see also Siser N. Am., Inc. v. Herika G. Inc., 325 F.R.D. 200, 203 (E.D. Mich. 2018) (“[D]efendants fail to state whether responsive material was withheld as a result of their objections.”). The Court thus ORDERS Bouie to, by November 10, 2025, serve defendants with supplemental discovery responses that specify whether he Case 2:25-cv-10132-LVP-EAS ECF No. 49, PageID.<pageID> Filed 10/30/25 Page 2 of 4
3 is withholding any discovery based on any objections. Those supplemental responses must be signed under Federal Rule of Civil Procedure 26(g). IT IS SO ORDERED. s/Elizabeth A. Stafford ELIZABETH A. STAFFORD Dated: October 30, 2025 United States Magistrate Judge NOTICE TO PARTIES ABOUT OBJECTIONS Within 14 days of being served with this order, any party may file objections with the assigned district judge. Fed. R. Civ. P. 72(a). The district judge may sustain an objection only if the order is clearly erroneous or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a magistrate judge’s ruling on a non-dispositive motion, the ruling remains in full force and effect unless and until it is stayed by the magistrate judge or a district judge.” E.D. Mich. LR 72.2. Case 2:25-cv-10132-LVP-EAS ECF No. 49, PageID.<pageID> Filed 10/30/25 Page 3 of 4
4 CERTIFICATE OF SERVICE The undersigned certifies that this document was served on counsel of record and any unrepresented parties via the Court’s ECF System to their email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on October 30, 2025. s/Davon Allen DAVON ALLEN Case Manager Case 2:25-cv-10132-LVP-EAS ECF No. 49, PageID.<pageID> Filed 10/30/25 Page 4 of 4
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