Byron v. St. Mary's Medical Center

Filing 59

ORDER Granting Defendant's 55 MOTION To Mark Exhibits, Directing Supplemental Briefing and Scheduling Conference, ( Supplemental Brief due by 7/26/2013, Response due by 8/2/2013, Status Conference set for 8/14/2013 03:00 PM before District Judge Thomas L. Ludington) Signed by District Judge Thomas L. Ludington. (TJac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DEVRA BYRON,
Plaintiff,

Case No. 11-13445
Honorable Thomas L. Ludington

v.
ST. MARY’S MEDICAL CENTER,
ST. MARY’S OF MICHIGAN – MEDICAL
CENTER,
Defendant.
/
ORDER GRANTING DEFENDANT’S MOTION TO MARK EXHIBITS,
DIRECTING SUPPLEMENTAL BRIEFING, AND SCHEDULING CONFERENCE
A trial was conducted concerning Devra Byron’s allegations that St. Mary’s of Michigan
– Medical Center (St. Mary’s) terminated her employment in violation of the Family Medical
Leave Act (FMLA). On June 7, 2013, the jury returned a verdict in Byron’s favor and awarded
almost $400,000 in damages. Ten days later, St. Mary’s filed a motion to apply a set-off and
reduce the jury’s verdict to present value, as well as a motion to mark Dr. John Johnson’s
deposition as a trial exhibit. See ECF Nos. 54, 55. Byron responded to the two motions on July
1, 2013. She does not offer any substantive reason why St. Mary’s requests should be denied.
Instead, she indicates that the two motions should be denied, in large part, because they do not
comply with Local Rule 7.1. See Pl.’s Resp. Mark 2 (noting that St. Mary’s motion is not
supported by a brief), ECF No. 56; Pl.’s Resp. Apply 2, 4 (same), ECF No. 57.
On July 15, 2013 the Court conducted a telephonic status conference with the parties to
discuss the pending motions, as well as the entry of judgment and St. Mary’s anticipated motion
for judgment as a matter of law. Liquidated damages and attorney’s fees were also discussed.
St. Mary’s motion to mark Dr. Johnson’s deposition as a trial exhibit will be granted.
During the week of trial, Byron and her attorneys indicated they wished to depose Dr. John

Johnson, Byron’s primary care physician. The deposition was obtained on June 4, 2013 (during
the evening following the first day of trial). See Def.’s Mot. Mark 2, ECF No. 55. The Court
then directed counsel for both St. Mary’s and Byron to submit a list of objections concerning the
deposition, and the Court reviewed the listed objections and made rulings concerning the same.
See Def.’s Mot. Mark Ex. 4. However, as counsel for St. Mary’s correctly notes, “[d]uring the
presentation and reading of the deposition, the objections were not read into the record and . . .
were not taken down by the court reporter[.]” Def.’s Mot. Mark. 2. In order to preserve the
objections in the event of an appeal, Dr. Johnson’s deposition, counsel’s listed objections, and
the Court’s corresponding rulings will be marked as the following: Dr. Johnson’s
Deposition—Trial

Exhibit

U;

Byron’s

Objections—Trial

Exhibit

V;

St.

Mary’s

Objections—Trial Exhibit W; the Court’s Rulings—Trial Exhibit X.
St. Mary’s will also be directed to file a supplemental brief supporting its motion for setoff and reduction to present value. The brief must include St. Mary’s calculations for the set-off
to be applied, as well as the calculations for reducing the jury award to reflect present value.
Byron will then be given one week’s time to respond.
During the July 15 telephonic conference, the Court also directed counsel for St. Mary’s
to determine how long it will take to procure the transcripts from trial, and to then begin that
process. This was done because St. Mary’s moved for a directed verdict at the end of Byron’s
case-in-chief, but the motion was taken under advisement and the case was submitted to the jury.
St. Mary’s has indicated its intention to renew the motion pursuant to Federal Rule of Civil
Procedure 50(b). Accordingly, the Court’s preference is to decide the motions based on the
particular language from the trial. Counsel for St. Mary’s is to communicate by email to the
Court and Byron’s counsel when he has discovered how long preparation of the transcripts will

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require. On another issue, and simply to memorialize the fact, Byron’s counsel indicated he
would be filing a motion for attorney’s fees, costs, and other expenses as well as a motion for
liquidated damages on July 16, 2013.
Finally, an in-chambers conference will be set in August 2013 to assess the progress of
the case at that time and to facilitate resolution of the outstanding issues.
Accordingly, it is ORDERED that St. Mary’s motion to Mark Dr. Johnson’s Deposition,
ECF No. 55, is GRANTED. The relevant documents are marked as follows:
Dr. Johnson’s Deposition

Trial Exhibit U

Byron’s Objections

Trial Exhibit V

St. Mary’s Objections

Trial Exhibit W

Court Rulings

Trial Exhibit X

It is further ORDERED that St. Mary’s is DIRECTED to file a supplemental brief
indicating its calculations for the applicable set-off amount as well as how the jury award should
be reduced to reflect present value. The brief will be due no later than July 26, 2013.
It is further ORDERED that Bryon is DIRECTED to respond to the supplemental brief
filed by St. Mary’s by August 2, 2013.
It is further ORDERED that counsel is DIRECTED to attend an in-chambers
conference on August 14, 2013 at 3:00 p.m.

Dated: July 18, 2013

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

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PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon each attorney or party of record
herein by electronic means or first class U.S. mail on
July 18, 2013.
s/Tracy A. Jacobs
TRACY A. JACOBS

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