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Acosta v. Lachambre Lounge, Inc.
United States District Court, E.D. Michigan, Southern Division
May 15, 2019
ROSE ACOSTA, et al., Plaintiffs,
LaCHAMBRE LOUNGE, INC., et al., Defendants. and LaCHAMBRE LOUNGE, INC., et al., Third Party Plaintiffs,
KAI BUTLER, et al., Third Party Defendants.
ORDER TO ATTEND SCHEDULING CONFERENCE AND NOTICE OF
REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.
parties are hereby directed to appear for a Case Management
and Scheduling Conference (the “Conference”) on
Tuesday, June 11, 2019, at 11:00 a.m. in the
chambers of Judge Matthew F. Leitman, 600 Church St., Room
125, Flint, Michigan.
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.
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
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
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 order pursuant to Federal Rule of Evidence
502(d). Counsel are instructed to commence discovery
following the meet and confer.
7. Electronic Discovery: Explain the parties' plan for
dealing with electronic discovery and whether implementation
of this District's Model Order Relating to the Discovery
of Electronically Stored Information is warranted. The
parties are also encouraged to consult this District's
Checklist for Rule 26(f) Meet and Confer Regarding
Electronically Stored Information, attached to the Model
Order linked to above. At the very least, the parties should
discuss and address (a) the ESI to be preserved; (b) the form
in which any ESI will be produced (i.e., native format, PDF,
paper, etc.); (c) whether to limit discovery of ESI to
particular sources or custodians, at least as an initial
matter; and (d) search terms or methods to be used to
identify responsive materials.
8. Settlement: Explain the prospects for settlement and
whether the parties are interested in Case Evaluation (see
Local Rule 16.3) or other methods of alternate dispute
resolution. Identify the discovery that would be most helpful
in evaluating likelihood of settlement.
9. Consent: Indicate whether the parties consent to the
jurisdiction of a United States Magistrate Judge to conduct
all proceedings in this civil action (including a jury or
non-jury trial) and to order the entry of a final judgment,
as provided in 28 U.S.C. § 636(c) and Federal Rule of
Civil Procedure 73.
10. Trial: Identify whether this will be a jury or bench
trial and the estimated length of trial. Also identify when