Vangheluwe et al v. Got News, LLC et al

Filing 97

ORDER denying 44 Motion for Sanctions. Signed by District Judge Laurie J. Michelson. (WBar)

Case 2:18-cv-10542-LJM-EAS ECF No. 97 filed 02/06/19

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOEL VANGHELUWE and
JEROME VANGHELUWE,
Plaintiffs,
v.

Case No. 18-cv-10542
Honorable Laurie J. Michelson
Magistrate Judge Elizabeth A.
Stafford

GOT NEWS, LLC, et al.,
Defendants.
ORDER DENYING GOTNEWS’ MOTION FOR SANCTIONS [44]
At least because none of the 22 defendants are citizens of this state, this case
had the promise of numerous, early motions. (Turned out, only five such motions
were filed.) Given the potential for heavy, early motion practice and other casemanagement issues, the Court ordered Plaintiffs to engage in a meaningful meet and
confer with the defendants upon their appearances. (ECF No. 20.) The Court further
ordered that after the meet and confer, the parties were to “file a joint report stating
the date of the meet and confer, whether the parties have settled their dispute (or
whether additional time for settlement discussions is desired), whether the defendant
will be filing a motion to dismiss or an answer, and the deadline for that motion or
answer.” (ECF No. 20, PageID.632.)

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Plaintiffs Joel and Jerome Vangheluwe and Defendant GotNews, LLC had
their meet and confer on May 22, 2018. According to GotNews’ counsel, the
Vangheluwes’ counsel knew that he had been “out of the office due to a serious
illness” and, as such, GotNews might have some difficulty completing the joint
report on time. (ECF No. 44, PageID.826.) Yet, GotNews’ counsel asserts, the
Vangheluwes’ counsel “simply filed the ‘joint’ report himself.” (Id.)
Thus, GotNews seeks sanctions. “The only sanction sought is that the report
(Dkt. No. 43) be rejected, and [the Vangheluwes’ counsel] be compelled to comport
himself professionally—and when delay is the result of illness, not inattention, he at
the very least be required to pick up the telephone before trying to engage in such
tactics as he has engaged in today.” (ECF No. 44, PageID.827.)
The Vangheluwes’ counsel have responded as follows: “Plaintiffs have
attempted to communicate with counsel for Defendants in the past regarding a joint
report to file with this Court. . . . Defendants have yet to provide Plaintiffs with any
input on this joint report. . . . If Defendants’ counsel is sick, they have very
competent counsel in Mr. Fink, who is also listed as counsel for Defendants on their
Motion for Sanctions, and who can assist.” (ECF No. 46, PageID.863.)
The Court declines to issue sanctions. That said, the Court expects that all
counsel will act with the utmost professionalism and civility throughout this
litigation. As for the joint report, the Court will give the Vangheluwes’ counsel and
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GotNews’ counsel another opportunity to work together. After each side has an
opportunity to review this Court’s opinion and order on GotNews’ anti-SLAPP
motion, Joel Vangheluwe and GotNews are again to meet and confer in an attempt
to resolve this case. Within a week of that meet and confer, Joel’s counsel and
GotNews’ counsel are to docket a joint report. The joint report will be one of the
following depending on the outcome of the meet-and-confer: a Rule 26(f) report, a
statement that the case has settled, a statement that more time for settlement
discussions is desired, or a statement that the parties would like to pursue settlement
with the undersigned, a federal magistrate judge, or a private facilitator.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Date: February 6, 2019

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the
attorneys and/or parties of record by electronic means or U.S. Mail on February 6, 2019.

s/William Barkholz
Case Manager to
Honorable Laurie J. Michelson

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