Auburn Sales, Inc. v. Cypros Trading & Shipping, Inc. et al

Filing 21

ORDER Regarding Evidentiary Hearing as to 11 MOTION to Dismiss filed by Fadi Kilani, Joseph Kilani, Cypros Trading & Shipping, Inc.. Signed by District Judge Matthew F. Leitman. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AUBURN SALES, INC.,
Plaintiff,

Case No. 14-cv-10922
Hon. Matthew F. Leitman

v.
CYPROS TRADING & SHIPPING, INC. et al.,
Defendant(s).
_________________________________/
ORDER REGARDING EVIDENTIARY HEARING
As the Court has previously informed the parties, on September 9, 2014, at
9:00 a.m., the Court will hold a hearing on Defendants’ Motion to Dismiss (ECF
#11.) This hearing will include both an evidentiary hearing and legal argument by
counsel. (See Amended Notice of Hearing, ECF #19.) In connection with this
hearing, by not later than September 5, 2014, the parties shall submit the following
to the Court’s Case Manager:
(a) A “Joint Exhibit and Witness List” that lists all exhibits that the parties
intend to introduce at the hearing and all witnesses the parties intend to call
at the hearing. For each identified exhibit, the Joint Exhibit and Witness List
shall indicate whether the admission of the exhibit is agreed to by the
parties. If admission of an exhibit is not agreed to by the parties, the Joint
Exhibit and Witness List must briefly state the basis for any objection. For

each identified witness, the Joint Exhibit and Witness List must indicate
whether the witness “will” be called or “may” be called at the hearing, the
witness’s likely testimony (one or two sentences), an estimate of the time
needed for direct and cross examination of the witness, and any significant
objection to the witness’s testimony; and
(b) A “Joint Exhibit Book” containing a copy of all proposed exhibits
identified in the Joint Exhibit and Witness List. All exhibits must be marked
by counsel prior to the preparation of the Joint Exhibit Book such that the
copy of each exhibit in the Joint Exhibit Book is marked. The preferred
method of marking is the traditional “Plaintiff’s Exhibit __” and
“Defendant’s Exhibit __” in number order, but any clear method is
acceptable (e.g., numbers and letters).
The Court will admit unobjected-to exhibits in the Joint Exhibit and Witness
List at the start of the hearing. The Court will determine the admissibility of
objected-to exhibits and objected-to testimony prior to the start of the hearing or at
the time a party seeks to introduce the objected-to evidence or testimony. Evidence
not included in the Joint Exhibit and Witness List will not be admitted absent a
showing of good cause. Counsel are required to keep track of all exhibits admitted

during the hearing.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: August 26, 2014

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 26, 2014, by electronic means and/or
ordinary mail.
s/Lisa Wagner for Holly A. Monda
Case Manager
[phone]