Daneshvar v. Kipke et al

Filing 107

ORDER Granting in part and Denying in part 49 Motion for Sanctions; Denying without prejudice 64 Motion for Summary Judgment; Denying without prejudice 65 Motion for Summary Judgment; Denying as moot 74 Motion to Strike; Adopting 88 Report and Recommendation; Overruled 99 Motion for Reconsideration; and the parties shall mediate with Dennis Barnes no later than 2/5/2016.. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EUGENE DANESHVAR,
Plaintiff,

Case No. 13-cv-13096

v.

HONORABLE STEPHEN J. MURPHY, III

DARYL KIPKE, et al.,
Defendant.
/
ORDER REGARDING ALL PENDING
MOTIONS AND THE MAGISTRATE'S REPORT
(document nos. 49, 52, 64, 65, 74, 88, 91, 99, 100) AND ORDER TO MEDIATE
Plaintiff Eugene Daneshvar filed suit against his faculty adviser, Daryl Kipke, and
NeuroNexus Technologies, Inc., and claimed that they had illegally patented his inventions.
The parties engaged in extensive discovery and filed motions for Summary Judgment in
July 2015. They have also filed motions to compel, motions for sanctions, and motions to
strike. The Court referred most of the discovery motions to Magistrate Judge Patti; he has
ruled on each of the referred motions. Daneshvar objected to the Magistrate Judge’s
evidentiary rulings.
At this point in the litigation, the Court finds that the parties would greatly benefit from
mediation. Both parties are running a considerable risk with continued litigation. The case
involves multiple challenging patent law issues. And the case turns on complex technology.
Neither party should be confident in a successful outcome through continued litigation.
The Court will therefore order the parties to attend mediation with Dennis Barnes
from the law firm of Barris, Sott, Denn & Driker, pursuant to Local Rule 16.4. The mediation
and settlement discussions shall occur no later than Friday, February 5, 2016. Upon receipt

of this Order, the parties should contact Mr. Barnes at 313-965-9725 or
[e-mail]. Each party is responsible for paying one half of Mr. Barnes’ fee.
In addition, the Court has reviewed Magistrate Judge Patti’s rulings on Daneshvar’s
Motion to Compel and Kipke’s Motion for Sanctions. The Court has reviewed the filings and
will adopt the Magistrate Judge’s Report and Recommendations, with a few minor
alterations.
First, in his ruling on Defendants’ Motion for Sanction, the Magistrate recommended
that Daneshvar pay for the attorney’s fees that the Defendants incurred in bringing the
motion for sanctions. If the parties settle the case through mediation, the Court will not
accept the recommendation to award the attorney’s fees.
Second, the parties should not engage in any additional discovery until after
mediation is complete. Early settlement of cases not only eliminates litigation risk, it saves
the parties a great deal of money. The Court will promote beneficial savings by prohibiting
the parties from continuing to engage in discovery.
In addition, the Court will deny without prejudice the Defendants’ motion for summary
judgment. The Court will also deny as moot Plaintiff’s Motion to Strike (document no. 74).
If settlement negotiations fail, the parties may consider re-filing summary judgment motions
at the close of any additional discovery.
Thus:
•

The parties will engage in mediation with Dennis Barnes no later than February
5, 2016.

•

If mediation is unsuccessful, Daneshvar shall file supplemental answers to
Interrogatory 1, 2, 3, and 9 within fourteen days of completing the mediation, in
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accordance with Civil Rule 33(b)(3) and the Magistrate Judge’s Report and
Recommendation.
•

The Defendants may depose Daneshvar within fourteen days of receiving the
supplemental interrogatory answers. The deposition shall not last longer than
ninety minutes and will be limited in scope to questions about the interrogatories.

•

The Defendants shall supplement their interrogatories as detailed in the
Magistrate Judge’s Report and Recommendation (document no. 91). If the
Defendants have not already supplemented their answers, the supplementation
should occur within fourteen days of the mediation.

•

The Defendants may file an affidavit and motion for attorney’s fees, as provided
for in the Magistrate’s Report, within fourteen days of the mediation.

•

The parties may file summary judgment motions no later than March 18, 2016 in
the event mediation is unsuccessful.
ORDER

WHEREFORE, it is hereby ORDERED that the Magistrate Judge’s Report and
Recommendations (document nos. 88 & 91) are ADOPTED, as modified above.
IT IS FURTHER ORDERED that Daneshvar’s Objections (document nos. 99 & 100)
are OVERRULED.
IT IS FURTHER ORDERED that Defendant's Motion For Sanctions (document no.
49) is GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Plaintiff's Motion to Compel (document no. 52) is
GRANTED IN PART AND DENIED IN PART.

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IT IS FURTHER ORDERED that Defendants’ Motion For Summary Judgment
(document nos. 64 & 65) are DENIED WITHOUT PREJUDICE. Defendants may refile a
dispositive motion no later than March 18, 2016.
IT IS FURTHER ORDERED that Daneshvar’s Motion To Strike (document no. 74) is
DENIED AS MOOT.
IT IS FURTHER ORDERED that the parties shall mediate with Dennis Barnes no later
than February 5, 2016.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: November 30, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on November 30, 2015, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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