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Sabol-Krutz v. Quad Electronics, Inc.

United States District Court, E.D. Michigan, Southern Division

January 23, 2017

STACEY SABOL-KRUTZ, Plaintiff,
v.
QUAD ELECTRONICS, INC., Defendant.

          Nancy Edmunds Judge.

          ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL (DE 34) AND GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE COUNTERCLAIM (DE 36) AND MOTION FOR LEAVE TO AMEND ANSWER (DE 37)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE.

         Currently before the Court are: 1) Plaintiff's December 15, 2016 motion to compel (DE 34); 2) Defendant's December 16, 2016 motion for leave to file counterclaim (DE 36); and 3) Defendant's December 16, 2016 motion for leave to amend/correct its answer to Plaintiff's Amended Complaint. (DE 37.) Judge Edmunds referred all three motions to me for hearing and determination. (DE 35, 41.)[1] On December 19, 2016, I set a hearing on the motion to compel for January 20, 2017 (DE 38); on January 5, 2017, I issued a notice that the motions for leave to file counterclaim and for leave to amend answer would be heard at the same time as the motion to compel. (DE 46.) All motions are fully briefed. (DE 43, 44, 45, 47, 48, 49.)

         On the date set for hearing, attorney Mark Dickow appeared on Plaintiff's behalf, and attorneys Heidi Sharp and Peter Camps appeared on behalf of Defendant. Consistent with my findings and reasoning stated on the record, which are hereby incorporated by this order as though restated herein, it is ORDERED as follows.

         A. Defendant's Motions for Leave to File Counterclaim (DE 36) and for Leave to Amend Answer (DE 37)

         As discussed during the hearing, the Court concludes that the motion for leave to file counterclaim (DE 36) and the motion for leave to amend answer (DE 37) satisfy Fed.R.Civ.P. 13(e) and/or 15(a). The Court finds that the proposed pleadings are not futile, nor is there undue delay, bad faith or evidence of a dilatory motive by Defendant or a failure to cure any deficiencies by previous amendments. Any undue prejudice to Plaintiff stemming from granting the motions, especially the motion for leave to file counterclaim, is cured by the Court simultaneously extending the discovery deadline, as will be discussed later herein. Both the motion for leave to file counterclaim (DE 36) and motion for leave to file amended answer (DE 37) are GRANTED.

         B. Plaintiffs Motion to Compel (DE 34)

         Plaintiffs counsel withdrew the request to compel Defendant to provide additional answers to Interrogatories 11 and 13. Plaintiffs motion to compel Defendant to provide additional/supplemental answers to certain Requests for Production of Documents is GRANTED IN PART and DENIED IN PART as follows:

. Request 4 is denied without prejudice, subject to Plaintiff submitting a more specific request;
. Request 7 is granted to the extent that the Defendant shall, by February 3, 2017, produce profit and profit margin information with respect to the contracts for which Plaintiff was entitled to have commissions on the “Accounts in Question, ” as defined in the discovery requests at issue, subject to designation under the existing protective order (DE 20) or a newly agreed upon protective order. That information may be provided to an accountant retained by Plaintiff as a witness or consultant, subject to that accountant agreeing in writing to be bound by the protective order;
. Request 8 is denied and the Defendant's objections are sustained;
. Request 9 is denied and the Defendant's objections are sustained;
. Request 11 is denied and the Defendant's objections are sustained;
. Request 12 is denied and the Defendant's objections are sustained, but the Court encourages the parties to confer regarding ...

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