Barrette Outdoor Living, Inc. v. Michigan Resin Representatives, LLC et al

Filing 125

ORDER Adopting Report and Recommendation for 75 Motion for Default Judgment, filed by Barrette Outdoor Living, Inc., 104 Motion for Default Judgment,, filed by Barrette Outdoor Living, Inc - MOTIONS GRANTED IN PART AND DENIED IN PART, DISCOVERY CUTOFF EXTENDED TO MAY 11, 2013. (Refer to image for details) Signed by District Judge Julian Abele Cook. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BARRETTE OUTDOOR LIVING,
Plaintiff,
v.

Case No. 11-13335
Honorable Julian Abele Cook, Jr.

MICHIGAN RESIN REPRESENTATIVES, LLC;
LISA J. WELLS; TAMARA L. TURNER; and JOHN
H. LEMANSKI, JR.
Defendant.

ORDER
Plaintiff Barrette Outdoor Living seeks default judgments and contempt sanctions against
Defendants Michigan Resin Representatives, Lisa J Wells, and Tamara L. Turner for their alleged
failure to adequately respond to Plaintiff’s First and Second Set of Discovery Requests. Both
motions for default judgment were referred to Magistrate Judge Michelson for a report and
recommendation. In a report on April 5, 2013, Magistrate Judge Michelson recommended that this
Court deny in part and grant in part the Plaintiff’s motion for default judgment (ECF 75) and
second motion for default judgment (ECF 104). As of this date, neither party has expressed any
objections to the Magistrate Judge’s report and recommendation. The period of time for filing
objections having now expired, this Court adopts the report, including the recommendations of
Magistrate Judge Michelson, in its entirety (ECF 118). Therefore:

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(1) within seven (7) days of the adoption, Ms. Wells (a) must provide to Plaintiff’s counsel
for imaging (at Plaintiff’s expense) the computer referenced in her supplemental response
to Interrogatory No. 2 and any other computers or electronic devices, including PDAs, smart
phones, etc., that may or do contain any information responsive to Plaintiff’s discovery
requests; (b) provide to Plaintiff’s counsel a signed consent/authorization form for Plaintiff
to Subpoena MRR’s tax records from the United States Internal Revenue Service and the
Michigan Department of Treasury, as well as any authorizations and/or account access
information so that Plaintiff may gain access to the phone and financial information
requested in Interrogatory Nos. 3 and 4; and (c) provide full and complete responses to
Plaintiff’s Second Set of Discovery Requests; and
(2) the discovery cut off date be extended to May 11, 2013 and Plaintiff be permitted to take
Ms. Wells’ deposition any time prior to the trial date
Further, Wells is warned that further noncompliance with the Federal Rules pertaining to
discovery, the Court’s Discovery Order (Dkt. 70), or this Order may result in the imposition of
more severe sanctions, including the entry of default judgment in favor of Barrette.
Finally, the Court RECOMMENDS that a default judgment be entered against Defendant
MRR in an amount to be determined by the District Court upon further submissions.
IT IS SO ORDERED.

Date: April 29, 2013

s/Julian Abele Cook, Jr.
JULIAN ABELE COOK, JR.
U.S. District Judge

CERTIFICATE OF SERVICE

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The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
respective email addresses or First Class U.S. mail to the non-ECF participants on April 29, 2013.
s/ Kay Doaks
Case Manager

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