United Seating & Mobility, LLC v. Elliott, et al.

Filing 10

ORDER denying 7 Motion to Dismiss for Failure to State a Claim; denying 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge J. Frederick Motz on 7/14/2017. (Attachments: # 1 Tenative Scheduling Order, # 2 Letter to Counsel) (kw2s, Deputy Clerk)

Dear Counsel:
Many members of our bar have expressed concern about the obstacles our Local Rules
and practices present to timely, efficient, and inexpensive resolution of discovery disputes. In
order to address these concerns, some chambers have implemented a ;'call-in"program for the
resolution of discovery disagreements.
I will make myself available by telephone to resolve emergency discovery disputes and
other discovery issues that do not require extensive briefing. The following procedures will
apply:
I. Before requesting a hearing, counsel must give opposing counsel at least twenty-four
hours notice of their intent to do so.
2. Counsel involved in the discovery dispute should electronically file by 4:00 p.m. on
the day before the hearing short letters (not to exceed two pages) setting forth their respective
positions.
3. It is the responsibility
call at the prescribed time.

of counsel who request the hearing to arrange for a conference

4. I will not have a record made of the hearing. Ifany of you want a record to be made,
it will be your responsibility to have a court reporter present in your office or to arrange for the
hearing to be tape recorded. Of course, in either event you must advise me and opposing counsel
at the commencement of the hearing that a record is being made.
I will do my best to resolve as many disputes as I can in this informal manner. If,
however, I determine that the issues are too complicated for me to do so, after hearing from you I
will direct that the procedures for formal briefing be followed.
The "call-in hour" program does not displace my existing practice of making myself
available whenever I can to resolve disputes as they arise during the course of a deposition. I
will continue to follow that practice as well.
Very truly yours,

/s/

1. Frederick Motz
United States District Judge