Schafer and Weiner Obtain Default against Opposing Party as Discovery Sanction in State Court
On behalf of a creditor-plaintiff, John Stockdale, Jr. litigated a collection case against several specialty automotive manufacturers and their principal. The Defendants refused to adequately respond to Plaintiff’s discovery requests for more than four months. After three motions to compel discovery and two orders compelling the discovery, the Oakland County Circuit Court entered a default against the Defendants for failure to provide the discovery. Entry of the default makes the defendant-manufacturers liable to Plaintiff for account stated and breach of contract claims and, more significantly, the defendant-principal liable to Plaintiff for fraud and alter ego claims. The case now moves forward solely to determine Plaintiff’s damages.