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Thiede v. Burcoff

United States District Court, E.D. Michigan, Southern Division, Port Huron

June 28, 2017

JOHN THIEDE, Plaintiffs,



         The court has considered and will grant in part Defendant Settles' Motion for Adjournment /Extension of Dates filed on 5/24/2017 and advises counsel to carefully read the provisions of this Order. The court may shorten the deadlines established in this Order (e.g., if no dispositive motion is filed by the deadline for such action, the court may advance all remaining dates by 60 days or more).

         IT IS HEREBY ORDERED as follows:


         Use of the court's electronic filing system (“CM/ECF”) is mandatory. Chambers' copies of many papers filed electronically need not be submitted (but see “Motion Guidelines, ” ¶ 5, below).


         The deadline for completing (not simply scheduling) court-supervised discovery is 8/14/2017. A discovery demand that is served such that a response is not due before the discovery deadline is deemed of no effect unless counsel agree to comply in spite of the discovery deadline. Extensions of court-supervised discovery are not ordinarily granted in the absence of unusual circumstances. Although unsupervised discovery may be agreed to among counsel, court deadlines are not changed based upon mere agreement. Any proposed protective order should include language limiting the amount of material filed under seal as described on this court's website.[1]


         Each party must deliver a final witness list, to the opposing party and file a copy with the court on or before 7/31/2017. The list must constitute a full good-faith disclosure of each witness who is both known to the party and intended at that time to be called at trial. In the event that a party desires to supplement the list with additional witnesses, the party may do so by stipulation or, if a stipulation is not forthcoming, with a motion supported by a showing of good cause. Witness lists must include after each witness's name an informative synopsis (one or two sentences) outlining the witness's expected testimony.


         The deadline for filing pretrial motions requiring extensive briefing and consideration (including motions under Rule 56 and those challenging a purported expert under Daubert v Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 (1993)) is 9/1/2017.


         a) Concurrence.

         Before filing any motion, read and closely follow E. D. Mich. LR 7.1(a)(2) in seeking concurrence. Moving counsel must specifically report the events that lead to concurrence being refused. Unreasonable withholding of consent may lead to sanctions under LR 7.1(a)(3), as may the absence (or functional absence) of effort to seek an agreement that was later accomplished upon the motion being filed. PLEASE NOTE: RESPONSES TO DISPOSITIVE MOTIONS ARE TO BE FILED WITHIN 14 DAYS, REPLIES WITHIN 7 DAYS.

         b) Form issues.

i) Chambers' copies of complex briefs.
The court does not require chambers' copies of rudimentary and reasonably concise motions and briefs. However, motions that are complex and accompanied by extensive briefs and numerous exhibits are requested to be provided in physical form as chambers' copies. Generally, if a brief exceeds twenty pages, or is accompanied by more than five exhibits or exhibits totaling more than twenty pages, a chambers' copy should be provided.
Please deliver such chambers' copies within 48 hours after the brief is filed. Insert a tabbed divider at each exhibit or affix a tab to the first page of the exhibit. Chambers copies should be printed from the docket so that they contain the Pg ID in the upper right hand corner.
ii) Binding: avoid top-punching of chambers' copies. Bind any judge's or chambers' copies of briefs and appendices with a staple in the upper left corner unless more than about 20 pages are presented, in which case please bind in “book form” along the left margin.
iii) Page limits on text. The “text” of a brief as discussed in Local Rule 7.1(c)(3) includes things such as the case summary and argument, but does not apply to the statement of facts, table of contents, index of authorities, etc.
iv) Citations on the record. All citations should refer to the Dkt# and Pg ID that appears on the upper right hand corner of a filed document. For Example: (Dkt. #5. Pg. ID 393.)

         c) Time of Filing. Dismissal Motions may be filed at any time. Summary Judgment Motions usually are filed closely following the end of discovery; those filed much earlier often must wait for additional discovery to be completed. In municipal liability cases, motions to dismiss for qualified immunity, if based on pleadings, raise only questions of law and are to be filed before discovery commences.

         d) Briefing and Hearings.

         Responses to motions in this case are due as specified in the Federal and Local Rules. The court may set other specific, shorter dates for responses and replies in some motions. An “oral argument” or “hearing” date may be identified, but such date is merely a scheduling device and and not a guarantee that argument will be conducted. A motion may be decided on the briefs only, and sometimes just days before argument. Short extensions of deadlines that do not affect other deadlines may be granted by the court's Case Manager Lisa Wagner. Counsel must seek concurrence before contacting the court.

         e) Hearings by telephone. The court will on its own initiative or at the request of counsel conduct some conferences and hearings by telephone or video conference; other reasonable suggestions that may reduce time, expense, and inconvenience require to resolve a case are invited.

         f) Motion Standards.

         Clearly describe the standard governing your motion, but please avoid lengthy boilerplate recitations of legal standards or lengthy “string cites” in support of well-established principles. On the merits, please focus your analysis on a few well-chosen cases, preferably recent and from controlling courts. You are encouraged to lodge with judge's chambers copies of your main cases, with relevant passages highlighted and tabbed (an equivalent copy to be provided to opposing counsel, but not to be filed with the Clerk). Copies of multiple cases, if provided, are to be submitted in a separate “case appendix” beginning with an index.

         g) Rule 56 Motion Statement of Material Facts; format of ...

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