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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

AMERICAN FURUKAWA, INC., 

Plaintiff, 

v. 

ISTHIHAR HOSSAIN, 

Defendant. 

 /

Case No. 14-cv-13633 

UNITED STATES DISTRICT COURT JUDGE

GERSHWIN A. DRAIN

UNITED STATES MAGISTRATE JUDGE

MICHAEL J. HLUCHANIUK

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO 

AMEND COMPLAINT AND ADD PARTY [44] 

American Furukawa, Inc. (“Furukawa” or “Plaintiff”) commenced the instant action 

against its former employee, Isthihar Hossain (“Defendant”), on September 19, 2014. See Dkt. 

No. 1. In the Complaint, Furukawa alleges that Hossain unlawfully accessed its computers to 

obtain confidential information in violation of the Computer Fraud and Abuse Act (“CFAA”), 18 

U.S.C. § 1030. Additionally, Furukawa brings claims under Michigan law for Fraud, Breach of 

Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, and Conversion. Id. 

Presently before the Court is Furukawa’s Motion for Leave to Amend Complaint and add 

Party [14] filed on July 14, 2015. According to Furukawa, the purpose of this motion is to 

request leave to add HT Wire & Cable Americas, LLC (“HT Wire”) as a party-defendant and 

assert claims against it because Furukawa asserts that HT Wire is a co-conspirator with Hossain. 

See Dkt. No. 44 at 7-8. Furukawa also seeks to correct certain errors in the original Complaint 

and add a claim for tortious interference. See id. at 8. 

Hossain has failed to file a Response. Local Rule 7.1(c)(1) states that “[a] respondent 

opposing a motion must file a response, including a brief and supporting documents then 

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available.” E.D. Mich. L.R. 7.1(c)(1). Responses to non-dispositive motions “must be filed 

within 14 days after service of the motion.” E.D. Mich. L.R. 7.1(e)(2)(B). Accordingly, the 

Response to Furukawa’s present motion was due no later than August 3, 2015. Id.; see also FED.

R. CIV. P. 6(a), (d). Since no Response has been filed, the present motion is unopposed. 

Upon review of the present unopposed motion, the Court concludes that oral argument is 

unnecessary. Accordingly, the Court will resolve the present motion on the submitted brief. See

E.D. Mich. L.R. 7.1(f)(2). Rule 15 of the Federal Rules of Civil Procedure provides that a “court 

should freely give leave when justice so requires.” FED. R. CIV. P. 15(a)(2). The Sixth Circuit has 

found that “[t]he decision as to when ‘justice requires’ an amendment is within the discretion of 

the trial judge.” Head v. Jellico Hous. Auth., 870 F.2d 1117, 1123 (6th Cir. 1989) (citation and 

alteration omitted). If the Court prevents Furukawa from adding HT Wire as a party to this 

action, then Furukawa would be forced to file a separate action against HT Wire in this Court. 

This would be unnecessary, because the Court would then have to accept that case as a 

companion case pursuant to the Court’s Local Rules. See L.R. 83.11(b). Accordingly, the Court 

HEREBY GRANTS Furukawa’s Motion for Leave to Amend Complaint and add Party [14]. 

IT IS SO ORDERED. 

Dated: August 18, 2015 

 /s/Gershwin A Drain 

 HON. GERSHWIN A. DRAIN 

 United States District Court Judge

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