W.J. O'Neil Company v. Shepley, Bulfinch, Richardson & Abbott, Inc. et al

Filing 15

PRELIMINARY SCHEDULING ORDER (Dispositive Motions to be filed by 9/23/2011, Responses due by 10/28/2011, Replies due by 11/14/2011, Motion Hearing set for 12/7/2011 02:00 PM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

W.J. O’NEIL COMPANY,
Plaintiff,
v.

Case No. 11-12020

SHEPLEY, BULFINCH, RICHARDSON &
ABBOTT, INC., and SMITH SECKMAN REID,
INC.,
Defendants.
and
SHEPLEY, BULFINCH, RICHARDSON &
ABBOTT, INC.,
Cross-Claimant,
v.
SMITH SECKMAN REID, INC.,
Cross-Defendant.
/
PRELIMINARY SCHEDULING ORDER
On July 28, 2011, the court conducted a scheduling conference with counsel for
the above-captioned case. During the conference, counsel for both Defendants
indicated that they would be filing an early dispositive motion, based largely on the
record developed at underlying arbitration. Following the resolution of the dispositive
motion, if the case survives in whole or in part, the parties agreed that discovery would
likely be unnecessary or, at most, limited. The court will therefore not issue a formal
scheduling order at this time. Accordingly,

IT IS ORDERED that Defendants shall file their dispositive motion(s)1 on or
before September 23, 2011. The motion(s) shall be based, to the extent possible, on a
set of stipulated undisputed facts.2 Plaintiff’s response(s) shall be due by October 28,
2011, and any optional reply is due by November 14, 2011.
The court will conduct a hearing on the motion on December 7, 2011, at 2:00
p.m.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 4, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 4, 2011, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

1

At the time of the conference, Defendants were as of yet undecided whether
they would be filing a joint motion or individual motions. While the court leaves such
decisions to their discretion, the court encourages counsel to avoid duplication where
possible.
2

Defendants’ counsel shall take the initiative in arriving at a stipulated set of
facts. Counsel may agree among themselves how best to achieve the end product.
Defendants shall incorporate all stipulated undisputed facts into the opening brief, along
with any additional proposed facts which have not been stipulated as undisputed—with
appropriate factual citations. Plaintiff shall then include in its response brief a reaction
to each of Defendants proposed facts, as well as its own proposed facts with factual
citations.
2