United States District Court, E.D. Michigan, Southern Division, Port Huron
AMENDED - SCHEDULING ORDER (JURY)
H. CLELAND, UNITED STATES DISTRICT JUDGE
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).
IS HEREBY ORDERED as follows:
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, ” ¶
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.
PRELIMINARY AND FINAL WITNESS LISTS:
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.
DISPOSITIVE MOTION DEADLINE:
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))
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.
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
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.)
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.
Briefing and Hearings.
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.
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.
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.
Rule 56 Motion Statement of Material Facts; format of