United States District Court, E.D. Michigan, Southern Division
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, October 22, 2019, at 11:30 a.m. in the chambers of
Judge Matthew F. Leitman, 600 Church St., Room 125, Flint,
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 factual issues.
4. Legal Issues: Identify the legal issues
genuinely in dispute. Also identify any dispositive or
partially dispositive issues appropriate for decision by
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 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 ...