United States District Court, E.D. Michigan, Southern Division
MARKS ONE CAR RENTAL, INC., MARKS ONE LLC, d/b/a/ MARKS ONE COLLISION, and MAHER WAAD, Plaintiffs,
FARMERS INSURANCE EXCHANGE, Defendant.
ORDER DENYING WITHOUT PREJUDICE FARMERS' MOTION
TO COMPEL THE DEPOSITION OF STEVEN A. HANEY (Doc.
COHN, UNITED STATES DISTRICT JUDGE.
a business tort case. Plaintiffs Marks One Car Rental, Inc.,
Marks One, LLC, Marks One Collision (collectively Marks One)
and Maher Waad (Waad) are suing Farmers Insurance Exchange
(Farmers). Plaintiffs make the following claims:
Count I - Tortious Interference with Business Expectancy
Count II - Defamation
Count IV - Civil Conspiracy
Count V - Unlawful Discrimination under 42 U.S.C. § 1981
stated, plaintiffs allege that Farmers has defamed plaintiffs
to customers and potential customers in their respective
fraud investigations of plaintiffs' repair and rental
activity. Plaintiffs contend defendants' investigations
were unfounded and caused a loss of business. They further
contend that certain employees of Farmers used racial slurs
and have a racial bias against Waad, an
the Court is Farmers' motion to compel the deposition of
Steven Haney. For the reasons that follow, the motion will be
denied without prejudice.
background of Haney's representation of plaintiffs and
his relationship with Farmers is set forth in Farmer's
motion to disqualify Haney (Doc. 159) and will not be
repeated in detail here. Briefly, Haney initially represented
plaintiffs when the complaint was filed. Farmers moved to
disqualify Haney based upon Haney's prior representation
of Farmers in a 2010 insurance investigation involving Waad
in which Haney generated a report critical of Waad. Farmers
anticipated Haney would be a witness and therefore maintained
his representation of plaintiffs was improper. Haney
subsequently withdrew from representing plaintiffs before the
Court ruled on the motion. (Doc. 174).
noticed Haney for deposition. Haney objected. The parties
then exchanged correspondence which in part discussed whether
Farmers had properly and fully waived the attorney client
privilege. Eventually, Farmers filed the instant motion to
compel. (Doc. 267). Both Haney and plaintiffs' counsel
have filed responses. (Docs. 269, 271). Farmers filed a
reply. (Doc. 271).
on September 8, 2017, Farmers filed a motion for summary
judgment on all of plaintiffs' claims. (Doc. 273). The
parties have stipulated that plaintiffs' ...