Kerrigan et al v. VISALUS, INC. et al

Filing 77

ORDER to Attend Telephonic Scheduling Conference and Notice of Requirements for Submission of Discovery Plan. (TELEPHONIC Scheduling Conference set for 5/2/2016 at 10:30 AM before District Judge Matthew F. Leitman. **PLEASE SEE ORDER FOR IMPORTANT DEADLINES**) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY KERRIGAN et al.,
Plaintiffs,

Case No. 14-cv-12693
Hon. Matthew F. Leitman

v.
VISALUS, INC. et al.,
Defendants.
_________________________________________________________________/
ORDER TO ATTEND TELEPHONIC SCHEDULING CONFERENCE AND
NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY
PLAN
Counsel for all parties are hereby directed to appear for a telephonic Case
Management and Scheduling Conference (the “Conference”) on Monday, May 2,
2016, at 10:30 a.m. Counsel shall use the following call-in information for the
Conference:
 Phone Number:

215-446-3649

 Access Code:

8390969

The purpose of this Conference is to make the Court aware of the issues
involved, to discuss the possibility of settlement, and to establish appropriate case
management dates.

Prior to the Conference, counsel shall meet and confer in

order to prepare a Joint Case Management Report/Discovery Plan (the “Plan”) in
accordance with Federal Rule of Civil Procedure 26(f). The Plan shall follow
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the format and address the Agenda Items listed below. The Plan must be filed
with the Court no later than five (5) business days before the Conference.
Following the Conference, the Court will enter its own Case Management and
Scheduling Order.
The following Agenda Items are to be individually addressed in the written
Plan under separate headings:
1.
Amendment of Pleadings:
Identify any anticipated
amendments of pleadings to add or delete claims, defenses, or parties.
2.
Class Certification: Provide a proposal for the sequence and
timing of issues related to class certification.
3.
Discovery:
(a) Summarize the discovery each party
intends to pursue, including expert witnesses, the reasonable time needed
for completion, and any anticipated disputes; (b) Explain the arrangements
for exchanging initial disclosures required by Fed. R. Civ. 26(a)(1); (c)
Indicate whether any changes should be made in the limitations on
discovery imposed by the Federal and Local Rules; and (d) address
whether there is a need to enter a protective order or a confidentiality order
pursuant to Federal Rule of Evidence 502(d). Counsel are instructed to
commence discovery following the meet and confer.
4.
Electronic Discovery: Explain the parties’ plan for dealing
with electronic discovery and whether implementation of this District’s
Model Order Relating to the Discovery of Electronically Stored
Information is warranted. The parties are also encouraged to consult this
District’s Checklist for Rule 26(f) Meet and Confer Regarding
Electronically Stored Information, attached to the Model Order linked to
above. At the very least, the parties should discuss and address (a) the ESI
to be preserved; (b) the form in which any ESI will be produced (i.e.,
native format, PDF, paper, etc.); (c) whether to limit discovery of ESI
to particular sources or custodians, at least as an initial matter; and (d)
search terms or methods to be used to identify responsive materials.

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5.
Settlement:
Explain the prospects for settlement and
whether the parties are interested in Case Evaluation (see Local Rule
16.3) or other methods of alternate dispute resolution. Identify the
discovery that would be most helpful in evaluating likelihood of
settlement.
6.
Consent: Indicate whether the parties consent to the
jurisdiction of a United States Magistrate Judge to conduct all proceedings
in this civil action (including a jury or non-jury trial) and to order the entry
of a final judgment, as provided in 28 U.S.C. § 636(c) and Federal Rule of
Civil Procedure 73.
7.
Trial: Identify whether this will be a jury or bench trial and
the estimated length of trial. Also identify when each side can be ready for
trial.
8.
Miscellaneous: Identify any other matters any party wishes
to address at the Scheduling Conference.
In the event that the parties cannot reach an agreement on any provision of
the Plan, the parties shall include in the relevant provision of the Plan a brief
statement containing each of the parties’ respective positions.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 22, 2016
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on March 22, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]
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