Beydoun Foods, Incorporated v. 7 Eleven, Incorporated

Filing 37

ORDER granting defendant/counter-plaintiff's Motion to Dismiss and for Default Judgment 34 , granting plaintiff's counsel's oral motion to withdraw and setting hearing to assess damages. Signed by District Judge George Caram Steeh (MBea)

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

vs.
7-ELEVEN, INC.,
Defendant/Counter-Plaintiff.
_______________________________/

ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF’S MOTION TO DISMISS
AND FOR DEFAULT JUDGMENT [DOC. 34], GRANTING PLAINTIFF’S COUNSEL’S
ORAL MOTION TO WITHDRAW, AND SETTING HEARING TO ASSESS DAMAGES
This matter came before the court on 7-Eleven’s motion to dismiss plaintiff’s
complaint and for entry of default judgment on 7-Eleven’s counter-complaint due to
Beydoun Foods’ continuing violation of this court’s discovery orders. Counsel for the
parties appeared before the court for oral argument on March 5, 2014. At that time,
counsel for Beydoun Foods, Thomas Stidham, made an oral motion to withdraw as
counsel.
On the matter of his motion to withdraw as counsel, Mr. Stidham informed the
court that his client, Beydoun Foods, discharged him, and there has been no
communication between attorney and client for a month. Mr. Stidham represented to
the court that Beydoun Foods knew about today’s hearing but did not attend. Counsel
for 7-Eleven does not oppose the motion to withdraw. For the reasons stated on the
record, the court GRANTS Mr. Stidham’s motion to withdraw as counsel for Beydoun
Foods.

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The court next heard argument from both parties regarding the granting of
discovery sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2). Beydoun
Foods was twice ordered by this court to produce documents and twice failed to comply.
The court previously found that 7-Eleven has been prejudiced by Beydoun Foods’
failure to provide discovery. Beydoun Foods’ explanations as to why it was not able to
produce the discovery requested by 7-Eleven, and why 7-Eleven has not suffered
prejudice, are untimely, as the time for seeking relief from the Orders to Compel were
when those orders were issued in March and October of 2013. The court finds that
there has been a complete failure on the part of Beydoun Foods to comply with court
orders, discovery obligations, and the scheduling order entered in this case. Now,
therefore, pursuant to Rule 37(b)(2)(A)(v) and (vi), 7-Eleven’s motion to dismiss the
complaint with prejudice and motion for entry of default on the counterclaim are
GRANTED.
Mr. Stidham is directed to effect service of this Order on Beydoun Foods by
regular mail and certified mail.
A hearing to determine damages to be assessed against Beydoun Foods on 7Eleven’s counterclaim will be held before the court on March 19, 2014 at 10:30 a.m.
SO ORDERED.
Dated: March 6, 2014
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
March 6, 2014, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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