Beydoun Foods, Incorporated v. 7 Eleven, Incorporated

Filing 30

ORDER accepting 29 REPORT AND RECOMMENDATION granting in part 22 MOTION for Sanctions and/or to Extend Scheduling Order Dates filed by 7 Eleven, Incorporated. Discovery due by 12/13/2013, Dispositive Motion Cut-off set for 1/17/2014, Final Pretrial Conference set for 4/28/2014 10:00 AM, Jury Trial set for 5/13/2014 09:00 AM before District Judge George Caram Steeh Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BEYDOUN FOODS, INC.,
Plaintiff,
Case No. 12-CV-12558
HON. GEORGE CARAM STEEH

vs.
7-ELEVEN, INC.,
Defendant.
___________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION [ DOC. 29]
Defendant/counter-plaintiff 7-Eleven, Inc. filed its motion for sanctions and/or to
extend scheduling order dates, which was referred to the magistrate judge for report
and recommendation. The matter is also before the court on defendant’s bill of costs,
which is also the subject of the report and recommendation.
The magistrate judge issued a report and recommendation which recommends
that this court deny defendant’s request to dismiss plaintiff’s action or enter a default
judgment on defendant’s counterclaim. This is due to plaintiff’s assertion that it will
vigorously prosecute this action. The magistrate judge recommends that the remainder
of the motion for sanctions be granted. The court has reviewed the file, record, and
magistrate judge's report and recommendation. Objections to that report have not been
filed by plaintiff within the established time period.
The court accepts the magistrate judge’s report and recommendation and orders
that plaintiff do the following if it wants to avoid dismissal of its complaint with prejudice
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and/or entry of a default judgment in favor of defendant on the counterclaims:
1. Provide full and complete written responses to defendant’s interrogatories
without objection.
2. Produce without objection all documents responsive to defendant’s requests
for production of documents which plaintiff has within its possession, custody or
control.
3. Serve its written interrogatory responses and all documents responsive to
defendant’s requests for production of documents on defendant within seven
days of entry of this order.
4. Pay the reasonable expenses, including attorney fees, incurred by defendants
as a result of filing the motion for sanctions.
5. Pay a monetary sanction to defendant in the amount of $1,500.00 within
seven days of entry of this order.
Furthermore, defendant is directed to submit a bill of costs itemizing the costs
and fees associated with filing the underlying motion for sanctions. Such bill of costs
should be filed with the court on or before October 18, 2013.
The scheduling order is amended as follows:
Discovery cutoff (for defendant only): December 13, 2013
Dispositive motion cutoff: January 17, 2014
Final pretrial order: April 21, 2014
Final pretrial conference: April 28, 2014
Jury trial: May 13, 2014 at 9:00 a.m.

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Defendant’s bill of costs relating to the January 4, 2013 motion to compel is
granted and plaintiff is ordered to pay defendant $455.00 within seven days of entry of
this order.
IT IS ORDERED that the magistrate judge's report and recommendation is
ACCEPTED.
IT IS HEREBY FURTHER ORDERED that defendant/counter-plaintiff’s motion
for sanctions and/or to extend scheduling order dates is GRANTED IN PART.
IT IS HEREBY FURTHER ORDERED that defendant’s bill of costs is GRANTED.
SO ORDERED.
Dated: October 4, 2013
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
October 4, 2013, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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