Synergen Inc. v. FCA US LLC

Filing 90

ORDER Granting (1) Defendant's 86 Motion to Adopt Special Master's Report and Recommendation and (2) Plaintiff's Counsel's 88 Amended Motion for Withdrawal of Attorney. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SYNERGEN INC.,
Plaintiff,

Case No. 16-cv-11842
Hon. Matthew F. Leitman

v.
FCA US LLC,
Defendant.
_________________________________/
ORDER GRANTING (1) DEFENDANT’S MOTION TO ADOPT SPECIAL
MASTER’S REPORT AND RECOMMENDATION (ECF #86) AND (2)
PLAINTIFF’S COUNSEL’S AMENDED MOTION FOR WITHDRAWAL
OF ATTORNEY (ECF #88)
I
On March 28, 2017, the Court entered an Order in which it appointed the
Honorable Richard P. Hathaway as a special master for resolving discovery disputes
in this action. (See ECF #60.) The Order also allowed the parties to object to and
seek review of Judge Hathaway’s proposed resolutions. (See id. at Pg. ID 1163.)
On October 10, 2017, Judge Hathaway filed a Report and Recommendation
with the Court in which he resolved certain outstanding discovery disputes between
the parties (the “R&R”). (See ECF #85.) Defendant FCA US LLC subsequently
filed a motion to adopt Judge Hathaway’s proposed disposition of those disputes.
(See ECF #86.) Pursuant to the procedure the Court established in its March 28

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Order appointing Judge Hathaway, Plaintiff Synergen Inc. had seven days to file a
response to FCA’s motion. (See ECF #60 at Pg. ID 1163.) Synergen did not file a
response or otherwise object to the adoption of Judge Hathaway’s recommended
disposition. Accordingly, the Court will GRANT FCA’s unopposed motion and
ADOPT the proposed disposition of the discovery disputes as described in Judge
Hathaway’s October 10 R&R.
II
On October 26, 2017, attorneys Raechel M. Badalamenti, Robert J. Morris,
and Salvatore DeBlasi, Kirk, Huth, Lange & Badalamenti, PLC (collectively, the
“Movants”) moved to withdraw as co-counsel for Synergen due to a breakdown in
the attorney-client relationship. (See ECF #88.)

In that motion, the Movants

represented to the Court that neither Synergen nor FCA opposed their withdrawal.
(See id. at Pg. ID 1843.) In addition, Synergen’s co-counsel of record, Kenneth
Morgan, has informed the Court that he does not oppose Movants’ motion.
Accordingly, the Court will GRANT Movants’ unopposed motion to withdrawal as
counsel in this matter.

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III
For the reasons stated above, IT IS HEREBY ORDERED as follows:
 FCA’s unopposed motion to adopt Judge Hathaway’s October 10 R&R (ECF
#86) is GRANTED, and Judge Hathaway’s proposed disposition of the
discovery disputes as described in the R&R is ADOPTED.
 Raechel M. Badalamenti, Robert J. Morris, and Salvatore DeBlasi, Kirk,
Huth, Lange & Badalamenti, PLC’s unopposed motion to withdrawal as
counsel for Synergen is GRANTED. The appearances of those attorneys as
counsel of record in this action are TERMINATED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: November 14, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 14, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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