Case Management and Scheduling Orders
A. CIVIL CASES
- SCHEDULING AND CASE MANAGEMENT CONFERENCE:The Court routinely issues its Notice of Scheduling and Case Management Conference after the Answer is filed. If there is more than one named Defendant, the court typically schedules the conference after all of the Defendants have filed Answers, unless to do so will cause significant delay. A notice generally will be sent within two to four weeks after a responsive pleading is filed. The parties are required to submit a Rule 26(f) plan and/or a Case Summary as described in the Notice no later than four business days prior to the initial scheduling conference. If a dispositive motion is filed in lieu of an Answer, the Court generally will hold the initial scheduling conference after the motion is ruled upon. This may occur the same day as the motion hearing if the Judge rules from the bench.
At the initial scheduling conference, the Court expects the parties to be prepared to discuss the case and the issues, the Court's subject matter jurisdiction, the parties' interest in state court evaluation and/or facilitation, and any other standard procedural/scheduling issues. The Court expects counsel to discuss alternative dispute resolution (ADR) options with their clients.
Civil Scheduling Order
- SETTLEMENT CONFERENCE: All parties must attend the settlement conference with the TRIAL attorneys. Both counsel and clients should be prepared for serious settlement discussions. Insurance representatives and other persons necessary to the resolution of the case also must attend. In non-jury cases, a settlement conference before a magistrate judge will ordinarily be scheduled before the final pretrial conference. If a case does not resolve, the case manager will schedule the final pretrial conference and trial.
- FINAL PRETRIAL CONFERENCE: Trial procedures and final pretrial matters are discussed with the Court at this conference. Motions in limine will also be heard at the conference in order to avoid delay in the selection of the jury on the first day of trial.
- STATUS CONFERENCE: The Court may schedule a status conference to facilitate the administration of a case when necessary. Counsel may request a status conference at any time during the litigation. These may be conducted by conference call upon request and should be scheduled through the case manager. Additional conferences with the Court, including settlement conferences, will be scheduled upon request.
B. CRIMINAL CASES
- SCHEDULING: The Court will issue a scheduling order. Requests to modify or enlarge the calendar dates shall be made by motion and must include a stipulation to extend time and a waiver under the Speedy Trial Act if they affect the trial date.
- FINAL PRETRIAL CONFERENCE: A final pretrial conference is conducted by the Court. The final pretrial conference is generally held one (1) to two (2) weeks prior to the start of trial. Motions in limine will also be heard at the conference in order to avoid delay in the selection of the jury on the first day of trial.
Criminal Scheduling Order
RECUSAL: The government shall immediately determine whether any portion of this criminal case or its previous investigation was opened in the United States Attorney's office for the Eastern District of Michigan during the period from August 18, 2008, until January 4, 2010 and if it was, shall immediately inform the Court and defense counsel of both that fact and the date of the opening.
Upon its own initiative or by motion of any party, the Court shall recuse itself from any matter over which Judge Berg presided as interim United States Attorney for the Eastern District of Michigan, or in which he represented the United States as an Assistant United States Attorney.