Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: 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) MATTHEW F. LEITMAN , District Judge . 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
Summary: 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) MATTHEW F. LEITMAN , District Judge . 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 ..
More
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)
MATTHEW F. LEITMAN, District Judge.
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 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.
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.
