Experi-Metal Inc v. Comerica Bank

Filing 40

STIPULATED ORDER RESOLVING DEFENDANT'S MOTION TO COMPEL. Signed by Magistrate Judge Paul J Komives. (EBut)

Experi-Metal Inc v. Comerica Bank

Doc. 40

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EXPERI-METAL, INC., a Michigan corporation, Plaintiff, v. COMERICA BANK, a foreign banking organization, Defendant. Richard B. Tomlinson (P27604) Daniel R. Boynton (P30359) Joseph W. Thomas (P33226) DRIGGERS, SCHULTZ & HERBST, P.C. Attorneys for Plaintiff 2600 West Big Beaver Road, Suite 550 Troy, MI 48084 [phone] [e-mail] Todd A. Holleman (P57699) Lara Lenzotti Kapalla (P67667) MILLER CANFIELD PADDOCK AND STONE, PLC Attorneys for Defendant 150 W. Jefferson, Suite 2500 Detroit, MI 48226 [phone] [e-mail] [e-mail] Case No. 2:09-CV-14890 Hon. Patrick J. Duggan Magistrate Judge Paul Komives

STIPULATED ORDER RESOLVING DEFENDANT'S MOTION TO COMPEL At a session of said Court held in the City of Detroit, County of Wayne and State of Michigan on_________________________. PRESENT: Honorable U. S. Magistrate Judge This matter having come before the Court upon the parties' stipulation, and the Court being otherwise fully advised in the premises: WHEREFORE Defendant Comerica Bank filed its motion to compel on August 30, 2010;

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WHEREFORE the motion was referred to Magistrate Judge Komives; WHEREFORE, Plaintiff Experi-Metal, Inc. filed its response and produced documents and information on September 8, 2010; WHEREFORE, Plaintiff Experi-Metal herein certifies through its counsel that it has conducted a diligent search of its records and those of its employees and it has not located and is unaware of any correspondence not already produced to counsel for Defendant that Experi-Metal sent or received regarding the January 22, 2009 phishing attack, including, but not limited to, all internal emails within Experi-Metal, between Experi-Metal and any law enforcement or regulatory agency, or between Experi-Metal and Comerica Bank. NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED that Defendant's pending motion to compel is dismissed without prejudice and with each side to bear its own costs and fees.

s/Paul J. Komives United States Magistrate Judge Stipulated to by: s/Todd A. Holleman Todd A. Holleman Attorney for Defendant Comerica Bank

s/Richard B. Tomlinson w-consent Richard B. Tomlinson Attorney for Plaintiff Experi-Metal, Inc.

18,383,062.1\022754-01932

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