Ford Motor Company v. Does 1-13

Filing 15

ORDER dismissing #13 Order to Show Cause. Plaintiff is allowed until 7/26/12 to amend his complaint or dismiss the case. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FORD MOTOR COMPANY,
Plaintiff,
Case No. 12-CV-10367
v.
HON. GEORGE CARAM STEEH
DOES 1 THROUGH 13,
Defendants.
________________________________/
ORDER DISMISSING SHOW CAUSE
On January 27, 2012, plaintiff filed this action allegedly to stop unknown individuals
from selling counterfeit or infringing products bearing Ford’s trademarks through internet
auction and sales platforms. On January 27, 2012, plaintiff filed an application seeking
early, limited discovery to identify the Doe defendants. The matter was referred to
Magistrate Judge Majzoub.

On March 5, 2012, Magistrate Judge Majzoub granted

plaintiff’s request and detailed the process in an order.

Following a motion for

reconsideration, on March 23, 2012, Magistrate Judge Majzoub entered an order directing
that plaintiff, “within fifteen days, serve Rule 45 subpoenas on eBay and PayPal to obtain
information to identify the Doe defendants, including the names, addresses, telephone
numbers, and email addresses of those potential defendants.” On April 5, 2012, plaintiff
filed a motion seeking to change the March 23, 2012 order. Plaintiff’s request was denied
on April 9, 2012. On May 31, 2012, the court issued an order to show cause as to why the
case should not be dismissed for failure to prosecute pursuant to Local Rule 41.2. On June
13, 2012, plaintiff filed a response. The response is two sentences long and fails to identify
the reason for delay. In the response, plaintiff asks the court for “an additional 90 days to

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finish its discovery, and at that time amend and serve the amended complaint, or dismiss
this action without prejudice.” The court will allow plaintiff 30 days to finish discovery and
either amend the complaint or dismiss the case. Accordingly,
IT IS HEREBY ORDERED that the court’s May 31, 2012 order to show cause be
DISMISSED and plaintiff be allowed an additional 30 days, until July 26, 2012, to amend
the complaint or dismiss the case.
Dated: June 26, 2012
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 26, 2012, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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