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• Scheduling Order

The Court expects traditional courtroom civility.

The Court issues a Rule 16(b) Scheduling Order following the scheduling conference after the Answer to the Complaint is filed. Status conferences are held on a case-by-case basis. Settlement conferences are held upon parties' request and at final pretrial conference. Parties generally are required to attend pretrial/settlement conferences. Scheduling and status conferences, but not pretrial/settlement conferences, may be conducted by telephone for out of state counsel if arranged in advance. All conferences are generally held on Monday afternoons.

The Court usually allows 4-6 months for discovery. Cutoff may be extended by stipulation of the parties only if date does not impact motion cutoff or final pretrial dates, otherwise by motion. Discovery motions are generally referred to a Magistrate Judge.

A courtesy copy of ALL MOTIONS (Dispositive & Non-Dispositive), including responses and replies, and all accompanying exhibits should be submitted to chambers. Exhibits must have labels attached which extend beyond the side of the paper. Motions must be bound on the left side--the Court will not accept documents loosely secured with a rubber band or binder clip. A printed copy of the Notice of Electronic Filing must be attached to the front of the paper. The chambers copy must be sent via first class mail the same day the document is e-filed, unless it relates to a court proceeding scheduled within the next five days or otherwise requires the immediate attention of the Court, in which case the chambers copy must be hand-delivered to chambers not later than the morning of the next business day after the document is e-filed.

A courtesy copy of all complaints that exceed 20 pages must be provided to chambers, including all attached exhibits.

Courtesy copies of all Notice of Removals must be provided to chambers, including all attached exhibits.

The Court strictly enforces the requirements of Eastern District of Michigan Local Rule 5.1 and Local Rule 7.1 and the Electronic Filing Policies and Procedures for all motions.

The Court requires strict compliance with LR 7.1(a), which requires moving parties to seek concurrence before filing a motion. The Court requires that a good-faith effort be made to obtain concurrence, which normally involves actual contact with opposing counsel. If no actual conversation occurs, the moving party must show that reasonable efforts were undertaken to conduct a conference and specifically describe those efforts in the motion papers. The outcome of the conference must be stated. All of this must be documented specifically in the motion papers.

Hearings are held on most motions, usually on Wednesday afternoons.

The Joint Pretrial Order is due one week prior to Final Pretrial Conference. Settlement discussions are emphasized at the Final Pretrial Conference; parties are generally required to attend. The Court routinely becomes involved in settlement negotiations in jury cases; refers non-jury matters to another Judge or a Magistrate Judge for a settlement conference.

The Court issues Order to Show Cause or waits for Motion to Remand if jurisdiction is questionable. The Court will not dismiss or remand sua sponte without notice to the parties.

Scheduling order issued at Scheduling Conference held after Answer to Complaint is filed. Standing order regarding Joint Final Pretrial Order also issued at Scheduling Conference.

The Court adheres to Fed.R.Civ.P. 65. The Court will grant ex parte relief in extraordinary circumstances. Typically accelerates normal briefing schedule. Hearings are scheduled as required by urgency of matter.