Kosa et al v. International Union United Automobile, Aerospace and Agricultural Implement Workers of America, Local 659 et al

Filing 84

ORDER Setting Status Conference and deadline to submit proposed jury instructions, ( Status Conference set for 11/28/2016 02:00 PM before District Judge Robert H. Cleland)at the US District Court in Detroit, MI Signed by District Judge Robert H. Cleland. (LWag)

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

LAWRENCE KOSA, et al.,
Plaintiffs,
v.

Case No. 13-11786

INTERNATIONAL UNION, et al.,
Defendants.
/
ORDER SETTING STATUS CONFERENCE
The court held a telephonic status conference off the record on November 1,
2016, in which counsel participated. The parties indicated that mediation efforts have
thus far been unsuccessful and that they were ready to prepare for trial of the remaining
issues.
The court noted disagreement between Plaintiffs and Defendants with respect to
the factual issues to be resolved at trial along with the nature of their proof, resulting in
disparate estimates as to the probable length of a jury trial.
In an effort to resolve these disputes and move efficiently toward trial, the court
directs the parties to negotiate in good faith regarding proposed jury instructions.
Plaintiffs shall prepare proposed jury instructions1 and provide them to Defendants,
who shall in turn propose changes that they deem appropriate. Should the parties reach
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By “jury instructions,” the court means only the essential core final instructions
that comprise the court’s explanation of governing law to the jury. This ordinarily
includes a non-argumentative introduction to the applicable law, definitions of case
specific terms, a description of the burden of proof, and an element-by-element outline
of Plaintiffs’ claims(s) as well as any affirmative defenses. Ordinary introductory and
concluding instructions are not needed.

agreement, Plaintiffs shall supply the court with the agreed proposed jury instructions by
Tuesday, November 22, 2016, at 2:00 P.M. However, if the parties have not reached
agreement on a given instruction, Plaintiffs will supply the court with their proposed
instruction side by side with Defendant’s alternate, effectively highlighting the
differences. Purported case law support for each variant must be appended to each set
of contested instructions.
Counsel should also discuss and attempt to agree on a methodology of the
structure of trial activities (e.g., bifurcated or unified; desirability of retaining the same
jury for all matters or not; agreeing on formulae for evaluating damages; submitting
damages determinations to a special master pursuant to agreed-on formulae; etc.).
The court will conduct a status conference to discuss and attempt to resolve
outstanding disputes. Counsel should be prepared to discuss at the conference any
remaining disagreements as to jury submissable issues, the length or structure of trial,
or the manner of proof to be presented at trial.
IT IS ORDERED that Plaintiffs shall prepare proposed jury instructions, over
which Plaintiffs and Defendants shall endeavor to negotiate in good faith and reach an
agreement.
IT IS FURTHER ORDERED that Plaintiffs shall supply the court with proposed
jury instructions by Tuesday, November 22, 2016, at 2:00 P.M.

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IT IS FURTHER ORDERED that all counsel appear for a status conference on
Monday, November 28, 2016, at 2:00 P.M. in Room 1021 at the Federal Courthouse
in Detroit.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 1, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 1, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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