Request for Discovery

STATE OF MICHIGAN
IN THE 31st CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR

OFFICE OF THE CLERK


201 McMorran Blvd.
Port Huron, MI 48060
(810) 985-2031

 
 
Thursday, October 15, 2009

 
Case No.: 09-002175-PZ
Hon. Judge: D. J. Kelly
 
 
 
 
                      RE: Arthur L. Lockett v. People of the City of Port Huron
 
 
 
 
Dear Clerk of Court

:

 
Enclosed for filing, please find Plaintiff’s MCR. 2.300 Request for Discovery: ex parte affidavit in support, and proof of service.
 
Please note the changes as to the cell phone contact number, and please except my sincere thanks, in advance, for this portion of your attention, time, and most kind cooperation in the matter.
 
 
 
Respectfully,
 
__________________________
Mr. Arthur L. Lockett

Pro se Plaintiff
909 Stone St. Apt #1
Port Huron, Michigan 48060
Ph: (810) 985-9309

Cell: (810) 689-3424
 
 
 
 
 
.
STATE OF MICHIGAN
IN THE 31st CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR

OFFICE OF THE CLERK
201 McMorran Blvd.
Port Huron, MI 48060
(810) 985-2031

 

Arthur L. Lockett,                                                                                                                                             Hon. Judge: D. J. Kelly

                           Plaintiff,                                                                                                                                      Case No.: 09-002175-PZ

 
v.

 
 

People of the City of Port Huron,

                            Defendant.

_______________________________/
 

 

                 NOW COMES

, Plaintiff, Arthur L. Lockett, pursuant to: MCR. 2.300 and moves this Hon. circuit Court to set by an order entered hereunder to set the time for completion of discovery. And that of MCR 2.401(B)(2)(a) and (b). Rule 2.302 General Rules Governing Discovery and states as follows:

          1) After commencement of this action, Plaintiff may obtain discovery by any means provided in subchapter 2.300 of these rules.
          2) Plaintiff’s seek to obtain discovery materials regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim of Plaintiff or to the defense of the Defendants, including and not limited to the existence, description, nature, custody, condition, and location of videos, tape recordings, complaints, Police report both before and after revision, affidavits, documents, full pretrial hearings and trial transcripts, and other tangible things, and the name of all persons depicted in the Industrial Park Party Store’s video surveillance record and other electronically stored information and the identity and location of persons having knowledge of a discoverable matter. And a full description and ability of all the electronic devices in the Industrial Park Party Store’s including video surveillance record.
          3) Plaintiff seeks to obtain discovery of records of all Industrial Park Party Store’s bridge-cards transactions that occurred from October of 2006 through to today, phone records and any other communication, concerning plaintiff, between the City of Port Huron, or its agents, and that of any other governmental entity (s) e.g. State Police and The Federal Burial of Investigation, and of any reason given by proper authority that would have caused the remover of the equipments and/or the suspension of the Industrial Park Party Store’s ability to accept and access bridge-cards benefits
          4) Plaintiff seeks to obtain discovery of the existence and contents of an insurance agreement under which a person carrying on an insurance business may be liable to satisfy all or part of the judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment
          5) Plaintiff seeks to obtain other trial preparation materials. Subject to the provisions of subrule (B)(4), a party may obtain discovery of documents and tangible things otherwise discoverable under subrule (B)(1) and prepared in anticipation of litigation or for trial by or for another party or another party’s representative (including an attorney, consultant, surety, indemnitor, insurer, or agent.
          6) Plaintiff has substantial need of the materials in the preparation of his case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. Prior to his criminal trial, Plaintiff made attempt to obtain certain document through The Department of Human Services and was told he needed a Court order.
          7) Plaintiff was tasered as least four times while his hands were securely handcuffed behind his back. The effects of this conduct are present and has future ramifications. For purposes of subrule (B)(3)(b), a statement previously made is (i) a written statement signed or otherwise adopted or approved by the person making it; and (ii) a stenographic, mechanical, electrical, or other recording, and any transcription of it, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.
          8) Plaintiff seeks to obtain trial Preparation materials concerning Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subrule (B)(1) and acquired or developed in anticipation of litigation or for trial, may be obtained through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter about which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
          9) Plaintiff seek the deposition of a person whom the other party expects to call as an expert witness at trial. Plaintiff also moves the Court to enter an order furthering discovery by other means, subject to such restrictions as to scope and such provisions (pursuant to subrule [B][4][C] concerning fees and expenses as the Court deems appropriate.

         10

) Manifest injustice would result if the Court shall require that plaintiff seeking discovery under subrules (B)(4)(a)(ii) or (iii) or (B)(4)(b) to pay the expert a reasonable fee for time spent in a deposition, including preparation time; and with respect to discovery obtained under subrule (B)(4)(a)(ii) or (iii).

         11) Sequence and Timing of Discovery. Unless the Court orders otherwise, on motion, for the convenience of parties and witnesses and in the interests of justice, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, does not operate to delay another party’s discovery.
         12) Plaintiff requests Discovery of all exculpatory information, including impeaching evidence in the government’s possession from their interview of critical witness which shows the government’s conduct to be, in the case, “

shocking and disturbing in nature” in preparation of interrogatories and admissions.

        13) Plaintiff requests the Court to issue orders ordering that the Defendants provide Plaintiff, as well as the Court, all exculpatory evidence, witness interviews, and affidavits gathered, created and/or reviewed as part of the investigation into the complaint, and the attorneys and investigation notes regarding related interview with Persons from the Port Huron Police Department; the Industrial Park Party Store; The St.Clair County Detention Center; and Mercy Hospital in preparation of MCR. 2.205 Necessary Joinder. Subject to the provisions of subrule (B) and MCR 3.501, persons having such interests in the subject matter of an action that their presence in the action is essential to permit the court to render complete relief must be made parties and aligned as defendants in accordance with the provision of this rule.
        14) Plaintiff requests the Court to issue separate orders ordering (i) that the government preserve all notes of such interviews and memos. (ii) appoint an attorney in private practice to investigate the issues related to misconduct, including conspiracy, contempt, perjury, subornation of perjury, and obstruction of justice, of the government agents and counsel in the case and to make recommendations to the Court as to the appropriate discipline to impose on those guilty of misconduct. as plaintiff has no confidence in the defendants to investigate itself. The appointed attorney in private practice should be given broad powers to conduct the criminal investigation of the misconduct at issue.

 

            WHEREFORE

, Pro se, Plaintiff, Arthur L. Lockett, pursuant to: MCR. 2.300 moves this Hon. Circuit Court to set by an order entered there-under to set the time for completion of discovery. And, with respects MCR 2.401(B)(2)(a) and (b). Rule 2.302 General Rules Governing Discovery and that all fees and cost be waived or otherwise suspended until the conclusion of trial.

 

Respectfully submitted:
 
______________________________                                                                                                                    Thursday, October 15, 2009
Mr. Arthur L. Lockett Pro se…
909 Stone St. Apt #1
Port Huron, Michigan 48060
Ph: (810) 985-9309

Cell: (810) 689-3424

 
 
 
 
 
 
.

STATE OF MICHIGAN
IN THE 31st CIRCUIT Court FOR THE COUNTY OF ST. CLAIR

OFFICE OF THE CLERK
201 McMorran Blvd.
Port Huron, MI 48060
(810) 985-2031

 

Arthur L. Lockett,

                           Plaintiff,                                                                                                                                              Hon. Judge: D. J. Kelly

                                                                                                                                                                                     Case No.: 09-002175-PZ
v.

 
 

People of the City of Port Huron,

                           Defendant.

_______________________________/

 

NOW COMES, Plaintiff, Arthur L. Lockett, pursuant to

Title 28, Part V, Chapter 115 § 1746, and states: I, Mr. Arthur L. Lockett, declare (or certify, verify, or state) under penalty of perjury, under the laws of the United States Of America, as represented by my signature below, that the foregoing is true and correct to the best of my knowledge, information and belief, and, of which, includes statements made in, and in support of, Plaintiff’s MCR. 2.300 request to set by an order entered there-under to set the time for completion of discovery. And that of MCR 2.401(B)(2)(a) and (b). Rule 2.302 General Rules Governing Discovery.

 

Respectfully submitted:
 
______________________________                                                                                                                    Thursday, October 15, 2009
Mr. Arthur L. Lockett Pro se…

909 Stone St. Apt #1
Port Huron, Michigan 48060
Ph: (810) 985-9309

Cell: (810) 689-3424

______________________________

Title 28, Part V, Chapter 115 § 1746: Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the un-sworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form: (2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.

 

STATE OF MICHIGAN
IN THE 31st CIRCUIT Court FOR THE COUNTY OF ST. CLAIR

OFFICE OF THE CLERK
201 McMorran Blvd.
Port Huron, MI 48060
(810) 985-2031

Arthur L. Lockett,

                       Plaintiff,                                                                                                                                   Hon. Judge: D. J. Kelly

                                                                                                                                                                      Case No.: 09-002175-PZ
v.

 

 

People of the City of Port Huron,

                       Defendant.

_______________________________/
 
 

Proof Of Service

 

NOW COMES, Plaintiff, Arthur L. Lockett, pursuant to Title 28, Part V, Chapter 115 § 1746, and states: I, Mr. Arthur L. Lockett, do declare (or certify, verify, or state) under penalty of perjury, under the laws of the United States Of America, as represented by my signature below, that I did cause, on this date of: September 28th 2009, to be served, by hand delivery, a copy of Plaintiff’s, MCR. 2.300 Motion, request to set by an order entered setting the time for completion of discovery on the Defendants’ Attorney of record, located at: the offices of:
 
522 Michigan Street,
Port Huron 48060.
(810) 987-8444

 

Respectfully submitted:
 
______________________________
Mr. Arthur L. Lockett Pro se…                                                                                                           Executed Thursday, October 15, 2009

909 Stone St. Apt #1
Port Huron, Michigan 48060
Ph: (810) 985-9309

Cell: (810) 689-3424

 
 
 
 
 
 
 
 

STATE OF MICHIGAN
IN THE 31st CIRCUIT Court FOR THE COUNTY OF ST. CLAIR

OFFICE OF THE CLERK
201 McMorran Blvd.
Port Huron, MI 48060
(810) 985-2031

 

Arthur L. Lockett,

                          Plaintiff,                                                                                                                                    Hon. Judge: D. J. Kelly

                                                                                                                                                                         Case No.: 09-002175-PZ
v.

 

 

People of the City of Port Huron,

                           Defendant.

_______________________________/

 

ORDER GRANTING
Plaintiff’s MCR. 2.300 Discovery Request For Entry of Orders Setting the Time For Completion of Discovery

 

At a session of said Court held in the City of Port Huron, County of St. Clair, State of

Michigan, on:_______ day of _________________, 2009
PRESENT:______________________________________________
Circuit Court Judge:

 

This matter having come before the Court on Plaintiff’s MCR. 2.300 motion for entry of orders to set October 30th of 2009 as the date for completion of discovery. Further, with respects to MCR 2.401(B)(2)(a) and (b), fees and cost is waived or otherwise suspended until the conclusion of trial.
The Court having reviewed the pleadings and otherwise being duly advised in the premises.
IT IS HEREBY ORDERED that Plaintiff’s Request for Entry of Order setting the time for completion of discovery to October 30th of 2009. IS HEREBY GRANTED.
 
___________________________ Dated:___________________
Hon. Judge: MCR. 2.302
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