Opinion
21-12999
03-10-2022
VENTURE SOLUTIONS, LLC, Plaintiff, v. MICHAEL MEIER and CHRISTOPHER WILLIAMS, Defendants.
ORDER DENYING REQUEST FOR SUMMONS
ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE
Plaintiff Venture Solutions, LLC brings this action against Defendants Michael Meier and Christopher Williams alleging violations of the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, et seq., and the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq. Plaintiff also brings various state claims under Michigan law. Defendants filed an answer, which included counterclaims for breach of contract, promissory estoppel, unjust enrichment, minority membership oppression, and wrongful discharge.
Defendants apparently attempt to join non-parties as counter-defendants to their counterclaims, and they have requested a summons for each of the non-parties. Generally, the court will issue a summons only for the initiation of an entirely new action or a third-party complaint. Defendant's counterclaim move against non-parties has the shoe on the wrong foot.
Additionally, the counterclaims lack clarity as to which claims are brought against which party; indeed it is not clear even if Plaintiff is actually named as a counter-defendant in any of them. Some of them appear to be more appropriately brought in a third-party complaint. Under the present circumstances, however, and in the absence of the necessary procedural steps to add a party to this action, the court cannot issue a summons for non-parties. Accordingly, IT IS ORDERED that Defendant's “Request for Summons” for the non-parties is hereby DENIED.