Konica Minolta Business Solutions, U.S.A., Inc. v. Applied Imaging Systems, Inc. et al

Filing 101

ORDER denying 36 Motion to Amend/Correct Joint Plan. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KONICA MINOLTA BUSINESS
SOLUTIONS, U.S.A., INC,
Plaintiff,
Case No. 15-11254
v.
HONORABLE VICTORIA A. ROBERTS
LOWERY CORPORATION D/B/A
APPLIED IMAGING SYSTEMS, INC.,
MATT AARON, ROB BELL, LINDA BOYLE,
STEVE HURT, JON LIVINGSTON,
RANDY MAGNER, and ANNA STEWART,
Defendants.
/
ORDER DENYING MOTION TO AMEND JOINT PLAN
Plaintiff filed a Motion to Amend Joint Plan (ECF No. 36). That Motion requests
three forms of relief: (1) a Court order that Defendants comply with the terms of the
approved Joint Plan; (2) elimination of the mediation requirement so that the parties
proceed directly to phase two of discovery; and (3) reasonable attorneys fees
associated with having to prepare and file the Motion.
The Motion is DENIED as moot.
Defendants’ alleged discovery violations are to be addressed in the context of
Plaintiff's Amended Motion for Sanctions (ECF No. 89), and subsequent discovery is to
be outlined in detail by the parties in the Amended Rule 26(f) Joint Plan, which is due on
July 28, 2016, pursuant to the Court’s Notice (ECF No. 99). Because mediation already
occurred, the request to remove the mediation requirement is denied as moot. Attorneys
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fees will not be evaluated in the context of this motion; because the request for fees is
tied to Defendants' alleged discovery violations, it will be considered in connection with
the Amended Motion for Sanctions.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: July 15, 2016
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
July 15, 2016.
S/Carol A. Pinegar
Deputy Clerk

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