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

Filing 87

ORDER to Submit Joint Memorandum on Status of New Discovery by 12/30/2016 and Setting a ( Status Conference for 2/6/2017 03:30 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

LAWRENCE KOSA, et al.,
Plaintiffs,
v.

Case No. 13-11786

INTERNATIONAL UNION, et al.,
Defendants.
/
ORDER TO SUBMIT JOINT MEMORANDUM ON STATUS OF NEW DISCOVERY
AND SETTING STATUS CONFERENCE
The court held a status conference off the record on November 28, 2016, in
which counsel participated. In accordance with the court’s prior order, the parties
submitted joint proposed jury instructions which highlighted areas of dispute. During this
conference, Defendants identified job application records likely in the possession of a
third party, General Motors, LLC, (“GM”) which may be pertinent to dispositive factual
questions. Plaintiffs agreed that these documents were important and explained that
they have long had a subpoena pending to retrieve these same records as well. Fact
discovery has already closed. However, in view of the fact that these records are of
substantial importance to the remaining factual questions and may aid in the more
economical resolution of outstanding disputes between the parties, the court
encourages the parties to obtain these records promptly and will consider them to be
supplements to the existing factual record. To that end, the court orders the parties to
submit a joint memorandum by Friday, December 30, 2016, which outlines the status of

the outstanding discovery requests to GM and any further discovery efforts that may be
necessary.
The parties have also indicated a willingness to consider facilitative mediation for
some Plaintiffs to obviate trial or motion practice. The court will not require mediation of
unwilling parties, though the court views mediation as a productive enterprise. Should
the parties decide that they would like to pursue this path, they are directed to convene
and submit to the court a joint report which identifies the Plaintiffs who will participate,
proposed mediators, and an approximate time when this mediation should be
conducted.
IT IS ORDERED that the parties shall submit a joint memorandum discussing the
status of outstanding discovery by Friday, December 30, 2016, at 5:00 P.M.
IT IS FURTHER ORDERED that all counsel appear for a status conference on
February 6, 2017, at 3:30 P.M. in the Federal Courthouse in Detroit, Michigan.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 29, 2016
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 29, 2016, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
S:\Cleland\JUDGE'S DESK\C2 ORDERS\13-11786.Kosa.OrderSettingAdditionalDiscovery.bss.wpd

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