Zynda et al v. Zimmer et al

Filing 43

ORDER for Setting Deadlines and Hearing on as to 39 MOTION for Preliminary Injunction :( Motion Hearing set for 11/14/2016 01:30 PM before District Judge Robert H. Cleland) at the US District Court in Port Huron, MI Signed by District Judge Robert H. Cleland. (LWag)

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

JENNIFER ZYNDA, ET AL.,
Plaintiffs,
v.

Case No. 15-11449

STEVE ARWOOD, ET AL.,
Defendants.
____________________________/
ORDER FOR IDENTIFICATION AND PRESENTATION OF
EXHIBITS, HEARING BRIEFS AND PROPOSED FINDINGS
FOR PRELIMINARY INJUNCTION HEARING
A hearing on a motion for Preliminary Injunction will be held on November 14,
2016 at 1:30 pm. Two hours are normally allocated for the proceedings on that date.
Such hearings, in the experience of the court, are often comparable to non-jury trials,
and counsel are thus directed comply with the following instructions:

1)

PLAINTIFF’S COUNSEL TO CONVENE FIRST MEETING
a) Plaintiff’s counsel must convene a meeting of all attorneys, as soon as can

practically be done after the motion for preliminary injunction is filed, to discuss and
resolve the issues noted herein. Such meeting may be by telephone if all purposes of
this order can be effectively dealt with through such means.
b) Plaintiff’s counsel must copy and distribute this document to each opposing
counsel who enters or becomes involved in this case.

2)

EXHIBITS: Examining, Pre-marking and Listing:
a) Counsel must identify in separate lists and exchange with opposing counsel

each exhibit and each deposition proposed as an exhibit. “Exhibit” includes items which
a party will introduce and items which a party may introduce.

b) Counsel must promptly notify each other of any objections to the admissibility
of a proposed exhibit and the basis of the objection.
c) Agreed-upon exhibits and depositions shall be considered admitted at the
outset of the hearing.
d) All exhibits must be marked by counsel in advance of the hearing. Counsel
must not use court time by asking the court reporter to mark exhibits. Plaintiff will use
exhibit numbers beginning with 101, and defendant will use numbers beginning with
501.
3)

FILING OR SUBMITTING TO CHAMBERS STIPULATED EXHIBITS,
DEPOSITIONS, TRIAL BRIEFS AND OTHER MATTERS
a) Counsel for the plaintiff, not later than three business days before the

hearing date, shall:
i.

file a joint list of exhibits and depositions (“Joint Exhibit List”). Each
exhibit and each deposition that is not agreed to by the parties must
be followed by a notation near the right margin of the page entitled
“Objection”; this notation shall be followed by a brief statement
describing the nature or basis of the opposing party’s objection;

ii.

file a joint statement of counsel concerning the suitability of
consolidation of the hearing and trial under Rule 65(a)(2)1 (“Rule
65(a)(2) Statement”); and

iii.

submit to the court (but do not file) copies of the exhibits
themselves, unless bulk or other considerations make such
submission impractical, and copies of the agreed-upon deposition
testimony identified in the listing ordered above.

1

In a case where a permanent injunction is sought which is essentially a mirror
of the preliminary injunction, counsel must discuss and recommend to the court the
suitability of consolidating the hearing on the preliminary injunction with the trial on the
merits of the application for permanent injunction, pursuant to Federal Rule of Civil
Procedure 65(a)(1)(2).
2

b)

Each party must file not later than three business days before the hearing
date:
i)

a “Hearing Brief,” which shall include separately numbered
proposed findings of fact2 and a set of proposed conclusions of law;
and

ii)

a list of the witnesses that each party intends to call, with a brief
statement of the proposed testimony (one or two sentences) and an
estimate of the time to be consumed in direct and cross
examination of each witness.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: October 3, 2016

2

Counsel should try to agree on the significant facts. Please attempt to
construct a consolidated set of findings of fact in the following manner:
•

•

•

•

The proponent of the motion prepares separately-numbered
proposed findings of fact and transmits them on paper and
electronically to opposing counsel ten days before the hearing
Opposing counsel will agree, as appropriate, with each proposed
fact, or disagree and propose an alternate, related fact in
substitution for the fact with which counsel disagreed, and opposing
counsel should propose additional facts as necessary; this reaction
is then transmitted on paper and electronically to proponent of the
motion six days before the hearing.
The proponent of the motion will then react to the additional
proposed facts electronically and on paper three days before the
hearing.
The final product can then be submitted to the court in a
consolidated form electronically, and on paper.

This procedure will avoid having the parties independently drafting proposed
facts, many of which are undisputed yet repeated in both versions.
3

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, October 3, 2016, by electronic and/or ordinary mail.
s/Lisa G. Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\LISA\Preliminary Inj\Preliminary Injunction order 2010.wpd

4