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Caldwell v. Flagstar Bank

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

August 28, 2017

DANNY CALDWELL, et al., Plaintiffs,
v.
FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK, et al., Defendants.

          ORDER TO ATTEND SCHEDULING CONFERENCE AND NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         The parties are hereby directed to appear for a Case Management and Scheduling Conference (the “Conference”) on Monday, September 25, 2017, at 1:30 p.m. in the chambers of Judge Matthew F. Leitman, 600 Church St., Room 125, Flint, Michigan.

         The purpose of this Conference is to make the Court aware of the issues involved, to discuss the possibility of settlement, and to establish appropriate case management dates. Prior to the Conference, counsel shall meet and confer in order to prepare a Joint Case Management Report/Discovery Plan (the “Plan”) in accordance with Federal Rule of Civil Procedure 26(f). The Plan shall follow the format and address the Agenda Items listed below. The Plan must be filed with the Court no later than five (5) business days before the Conference. If any party is proceeding without counsel, separate Plans may be filed. Following the Conference, the Court will enter its own Case Management and Scheduling Order. The following Agenda Items are to be individually addressed in the written Plan under separate headings:

         1. Related Cases:

         Identify any pending related cases or previously adjudicated related cases.

         2. Jurisdiction:

         Explain the basis of the Court's subject-matter jurisdiction over the Plaintiff's claims and Defendant's counter-claims. Plaintiff should also identify any pendent state law claims. If any Defendants remain unserved, explain the plan to complete service.

         3. Factual Summary: Provide a brief description of the nature of the action and a brief summary of Plaintiff's claims and Defendant's defenses. Identify the core, dispositive factual issues.

         4. Legal Issues:

         Identify the legal issues genuinely in dispute. Also identify any dispositive or partially dispositive issues appropriate for decision by motion.

         5. Amendment of Pleadings:

         Identify any anticipated amendments of pleadings to add or delete claims, defenses, or parties.

         6. Discovery:

         (a) Summarize the discovery each party intends to pursue, including expert witnesses, the reasonable time needed for completion, and any anticipated disputes; (b) Explain the arrangements for exchanging initial disclosures required by Fed. R. Civ. 26(a)(1); (c) Indicate whether any changes should be made in the limitations on discovery imposed by the Federal and Local Rules; and (d) address whether there is a need to enter a protective order or a confidentiality ...


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