Case Management & Scheduling Orders
The Court generally issues its Notice to Appear for Case Management Status and Scheduling Conference after the Answer is filed. If more than one Defendant is named in the Complaint, the Court typically schedules the conference after all Defendants have filed Answers, unless to do so will cause significant delay. A notice generally will be sent within one to two weeks after a responsive pleading is filed. The parties are required to submit a Rule 26(f) plan as described in the Notice, no later than four (4) business days prior to the conference. If a dispositive motion is filed in lieu of an Answer, the Court generally will hold the Case Management Status and Scheduling Conference (when necessary) after the motion is decided. This may occur the same day as the motion hearing if the Court rules from the bench.
At the Case Management Status and Scheduling Conference the Court will issue a Scheduling Order. The parties should refer to the other areas of this Court's Practice Guidelines (e.g., Settlement Conferences; Pretrial; Trials) for information relevant to the dates/activities set forth in the Court's Scheduling Order.
The Judges of the United States District Court for the Eastern District of Michigan have approved, on a pilot period basis, the use of a Model Electronically Stored Information (ESI)Discovery Order and Rule 26(f) checklist in appropriate cases. See ESI Order Checklist. The Court encourages the parties in cases where substantial ESI discovery is expected to review the order and Rule 26(f) checklist, use the Rule 26(f) checklist when preparing their Rule 26 plan, and be prepared to inform the Court at the Case Management Status and Scheduling Conference whether an order incorporating all or portions of the model order would be useful in the particular case.