Lefebvre v. Citizens Insurance Company of Midwest
Filing
11
ORDER granting 10 Motion to intervene and issuing amended scheduling order. Signed by District Judge Gershwin A. Drain. (DPer)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LATONYA LEFEBVRE,
Plaintiff,
and
SOUTHEAST MICHIGAN SURGICAL
HOSPITAL, LLC,
Case No. 14-cv-13312
Honorable Gershwin A. Drain
Plaintiff-Intervenor,
v.
CITIZENS INSURANCE COMPANY
OF THE MIDWEST,
Defendant.
/
ORDER GRANTING MOTION TO INTERVENE [#10]
AND ISSUING AMENDED SCHEDULING ORDER
Plaintiff, Latonya Lefebvre (“Lefebvre”), filed the instant action on May 8, 2014 in the
Wayne County Circuit Court. See Dkt. No. 1-1. Defendant, Citizens Insurance Company of the
Midwest (“Citizens Insurance”) removed the action to this Court on August 26, 2014. See Dkt.
No. 1. Presently before the Court is Southeast Michigan Surgical Hospital, LLC’s (“Southeast”)
Motion to Intervene, filed December 10, 2014. See Dkt. No. 10. Neither Plaintiff nor Defendant
objects to Southeast’s intervention in this case. See Dkt. No. 10-2.
This matter involves a motor vehicle accident that occurred on June 16, 2013 in which
Plaintiff sustained personal injuries. Plaintiff underwent surgery at Southeast’s health care
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facility following the accident. As a result of the surgery, Southeast maintains that there is an
outstanding balance in the amount of $132,595.39, which Defendant refuses to pay in full. See
Dkt. No. 10 at 4.
Rule 24(a) dictates that certain parties have an intervention of right. Fed. R. Civ. P. 24(a).
Pursuant to Rule 24(a), the Court must allow intervention for anyone who files a timely motion
to intervene, and who “claims an interest relating to the property or transaction that is the subject
of the action, and is so situated that disposing of the action may as a practical matter impair or
impede the movant's ability to protect its interest, unless existing parties adequately represent
that interest.” Fed. R. Civ. P. 24(a)(2).
Southeast notes that “Michigan courts have long permitted medical service providers the
right to intervene in No-Fault litigation pending between insurer and insured[.]” See Dkt. No. 10
(citing Botsford Gen. Hosp. v. Citizens Ins. Co., 195 Mich. App. 127, 489 N.W.2d 137 (1992)).
Southeast also notes that neither the Plaintiff nor Defendant will represent Southeast’s interest of
receiving full payment in this matter.
The Court agrees, and finds that Southeast has an
unconditional right to intervene under Rule 24(a).
The Court finds that Southeast’s Motion to Intervene is timely. This action is in its
infancy, having been filed on August 26, 2014. There is no prejudice to Defendant as the only
activity in this matter has been the exchange of pleadings and a scheduling conference. The
Court has not decided any of the merits of this case. Accordingly, Southeast’s Motion to
Intervene [#10] is GRANTED.
In light of the addition of Southeast as Plaintiff-Intervener, the Court will reset the
remaining deadlines. Accordingly, IT IS HEREBY ORDERED that the following dates will
govern this case:
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YOU WILL RECEIVE NO FURTHER NOTICE OF THESE DATES
Witness Lists Filed By:
April 15, 2015
Discovery Cutoff:
May 27, 2015
Dispositive Motion Cutoff:
June 24, 2015
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Case Evaluation:
August of 2015
Settlement Conference before Magistrate Judge
Michael J. Hluchaniuk:
October of 2015
Motions in Limine due:
October 14, 2015
Final Pretrial Order due:
November 11, 2015
Final Pretrial Conference:
November 18, 2015, at 10:00 a.m.
Trial Date:
December 1, 2015 at 9:00 a.m.
Jury Demand
Estimated Length of Trial: 5-6 half days
I.
TIME. Computation of time under this order and under any notice of any scheduling
order or notice in this case shall be in conformity and accordance with Federal Rule of
Civil Procedure 6(a).
II.
DISCOVERY. Discovery shall be completed on or before the date set forth in the
scheduling order. The court will not order discovery to take place subsequent to the
discovery cutoff date. The discovery deadline may be extended by filing a stipulation
with the court only if the extension of time does not affect the dispositive motion cut-off,
final pretrial conference or trial dates. Extensions or adjournments of all other dates will
only be considered upon the filing of a timely written motion for good cause shown.
Local Rule 26.2 generally prohibits filing discovery materials with the Clerk. Violation
of this rule may result in sanctions.
III.
FINAL PRETRIAL CONFERENCE AND FINAL PRETRIAL ORDER. The Final
Pretrial Order must be submitted through the document utilities function of the CM/ECF
on or before the date set by this order. All witnesses must be listed in the Final Pretrial
Order. Witnesses may only be added to the Final Pretrial Order by stipulation of the
parties and leave of court. Counsel shall follow the procedure outlined below to prepare
for the final pretrial conference and the Final Pretrial Order:
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The parties may submit the case to facilitation in lieu of case evaluation. A proposed stipulated order referring
case to facilitation shall be submitted to the Court via the utilities function on CM/ECF no later than May 18, 2015.
The proposed order must identify the facilitator and the date set for facilitation. Facilitation must occur no later than
August 31, 2015.
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A.
Counsel for all parties are directed to confer in person (face to face) at their
earliest convenience in order to (1) reach any possible stipulations narrowing the
issues of law and fact, (2) deal with non-stipulated issues in the manner stated in
this paragraph, and (3) exchange documents that will be offered in evidence at
trial. It shall be the duty of counsel for plaintiff to initiate that meeting and the
duty of opposing counsel to respond to plaintiff’s counsel and to offer full
cooperation and assistance. If, after reasonable effort, any party cannot obtain the
cooperation of opposing counsel, it shall be his or her duty to communicate with
the court. The Final Pretrial Order shall fulfill the parties’ disclosure obligations
under Federal Rule of Civil Procedure 26(a)(3), unless the Judge orders
otherwise. All objections specified in Rule 26(a)(3) shall be made in this order.
Counsel for plaintiff shall prepare a draft Final Pretrial Order and submit it to
opposing counsel, after which all counsel will jointly submit the proposed order.
The Final Pretrial Order should provide for the signature of the court, which,
when signed, will become an Order of the court. The proposed Final Pretrial
Order shall strictly comply with the requirements of Local Rule 16.2.
* Pursuant to Local Rule 16.2(b)(9), any objection based on foundation or
authenticity will be deemed waived if not raised before trial.
B.
The following persons shall personally attend the final pretrial conference:
1)
2)
3)
4)
Trial counsel for each party;
All parties who are natural persons;
A representative on behalf of any other party;
A representative of any insurance carrier that has undertaken the prosecution
or defense of the case and has contractually reserved to itself the ability to
settle the action.
Representatives must possess full authority to engage in settlement discussions and
to agree upon a full and final settlement. “Personal attendance” by each party is
not satisfied by (1) trial counsel professing to have full authority on behalf of the
client or (2) a party being available by telephone.
IV.
At least ONE WEEK prior to the beginning of trial, counsel shall furnish to the court the
following:
A.
In jury cases, any requests for VOIR DIRE, proposed JOINT JURY
INSTRUCTIONS and the VERDICT FORM. The parties shall file with the
court a single set of proposed, stipulated jury instructions and a single, proposed
verdict form. The instructions are to be typewritten and double spaced and shall
contain references to authority (e.g., “Devitt and Blackmar, Section 11.08").
Additionally, each party shall separately file any additional proposed instructions
to which any other party objects. The parties must make a concerted, good faith
effort to narrow the areas of dispute and to discuss each instruction with a view to
reaching an agreement as to an acceptable form.
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B.
In a non-jury case, proposed FINDINGS OF FACT and CONCLUSIONS OF
LAW.
C.
A statement of claims or defenses, no longer than two pages, suitable to be read to
the jury during opening instructions.
V.
EXHIBITS. Counsel are required to mark all proposed exhibits in advance of trial.
Plaintiff’s exhibits shall use numbers and Defendant’s exhibits shall use letters. A
consecutive number and lettering system should be used by each party. The parties are
required to exchange marked exhibits three days prior to the start of trial. Counsel are
also required to maintain a record of all admitted exhibits during trial. See attached
exhibit form. Counsel for each party must keep custody of that party’s admitted exhibits
during trial. A party who objects to this provision must file a written objection prior to
jury selection.
VI.
JUDGE’S COPIES. A paper copy of electronically filed motions, briefs, attachments,
responses, replies, proposed Final Pretrial Order, and proposed Joint Jury Instructions
(with disc) MUST be delivered directly to the Judge’s chambers and labeled Judge’s
copy.
VII.
The court will not allow counsel not admitted in the Eastern District to practice upon a
special motion. All inquiries regarding admission to this district must be directed to the
Clerk’s office at (313) 234-5005.
VIII.
LOCAL COUNSEL. An attorney admitted to practice in the Eastern District of
Michigan who appears as attorney of record and is not an active member of the State Bar
of Michigan must specify local counsel with an office in this district. Local counsel must
enter an appearance and otherwise comply with Local Rule 83.20(f).
SO ORDERED.
Dated: December 11, 2014
/s/Gershwin A Drain
Hon. Gershwin A. Drain
United States District Court Judge
CERTIFICATE OF SERVICE
Copies of this Order were served
upon attorneys of record on
December 11, 2014, by electronic mail.
/s/ Tanya Bankston
Deputy Clerk
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HONORABLE GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
231 W. LAFAYETTE #1013
DETROIT, MI 48226
PHONE: (313) 234-5215
CASE MANAGER:
FAX: (313) 234-5219
Tanya Bankston
CONFERENCES
Scheduling conferences held after answer filed and scheduling order
issued. Status conference held as needed or requested. Settlement
conference before Magistrate Judge assigned to the case required.
MOTIONS
Hearings held on most motions. Proposed orders shall be attached to the
motion, as well as submitted through the document utilities function of the
CM/ECF. Strict compliance required with Local Rules 7.1 and 65.1.
DISCOVERY
Discovery shall be completed on or before the date set forth in the
scheduling order.
MEDIATION
Civil cases referred after discovery cut-off and parties are encouraged to
stipulate in writing to be bound by mediation sanctions. It is not
necessary, however, that sanctions be included in the stipulation.
PRETRIAL
Final Pretrial Order generally due one week before final pretrial
conference. Witnesses may only be added to the final pretrial order by
stipulation of the parties and leave of court. Final pretrial conference
usually held two weeks prior to trial, parties and/or persons with
settlement authority must be present.
TRIAL
Attorneys are responsible to ascertain the status of the trial date. Marked
exhibits are to be exchanged three (3) days prior to trial. Benchbook of
exhibits is required. If trial briefs are required by the court, they must be
filed one (1) week prior to trial. File motions in limine no later than four
(4) weeks prior to the final pretrial conference. Trial is usually held 9:00
a.m. to 4:00 p.m. daily.
NON-JURY
Submit proposed findings of fact/conclusions of law, one (1) week prior to
trial.
JURY
Voir dire by court. Submit proposed voir dire one (1) week prior to trial.
Proposed joint jury instructions and verdict form due one (1) week prior to
trial. Judge’s courtesy copy and disc required.
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PLAINTIFF’S EXHIBITS
DEFENDANT’S EXHIBITS
EXHIBIT
NO.
DESCRIPTION
DATE
OFFERED
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OBJECTED
TO
RECEIVED
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