Patterson v. Baumhaft et al

Filing 19

ORDER. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT SCOTT PATTERSON,

Plaintiff,

Case No. 11-15317
HON. GERSHWIN A. DRAIN

vs.

MICHAEL BAUMHAFT, et al.,
Defendants.
__________________________________/
ORDER
On October 22, 2012, the parties appeared for a status conference in this matter.
At that time, the parties advised the Court that Defendant Baumhaft had recently initiated
Chapter 7 bankruptcy proceedings resulting in an automatic stay as to Defendant Baumhaft
pursuant to 11 U.S.C. § 362(a)(1). The parties also indicated that Defendants Midwest
Express Funding and Universal Homes LLC had been out of business and without assets
for several years. Accordingly, the Court advised the Plaintiff’s counsel to determine how
he wished to proceed in this matter, and set a settlement conference for November 6,
2012. It was anticipated that the parties would have resolved the outstanding issue relative
to the defunct corporate defendants prior to appearing for the settlement conference.
Thereafter, the Court’s clerk sent notice to both counsel of record indicating that a
short settlement statement was to be sent to the Court no later than noon on Monday,
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November 5, 2012. Plaintiff’s counsel failed to submit a settlement conference statement.
Plaintiff’s counsel also failed to appear for the settlement conference. Rather, counsel sent
a colleague, who is not an attorney of record in this matter, to the conference.
At the settlement conference, the parties advised the Court of their plan relative to
the defunct corporate entities. Accordingly, counsel for the defunct corporate defendants
shall withdraw the Answer filed on their behalf no later than November 6, 2012. Plaintiff’s
counsel shall request a clerk’s entry of default no later than November 13, 2012. Plaintiff’s
counsel shall move for default judgment against the corporate defendants no later than
November 20, 2012. The Court will schedule a hearing on Plaintiff’s motion for default
judgment and Plaintiff’s counsel shall appear for the hearing. Failure of Plaintiff’s counsel
to abide by any portion of this Order shall result in dismissal of the corporate defendants
with prejudice.
SO ORDERED.

/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 6, 2012, by electronic mail.
/S/ Tanya Bankston
Deputy Clerk

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