Harris v. Yum! Brands, Inc. et al

Filing 59

ORDER Severing Defendant Malibu Builders and Setting Dates., ( Discovery due by 2/5/2019, Dispositive Motion Cut-off set for 2/19/2019, Final Pretrial Conference set fo r 3/26/2019 02:00 PM before District Judge Gershwin A. Drain, Jury Trial set for 4/9/2019 09:00 AM before District Judge Gershwin A. Drain) (See Order for additional dates.) Signed by District Judge Gershwin A. Drain. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHERYL HARRIS,
Plaintiff,
Case No. 17-cv-10239
Hon. Gershwin A. Drain

v.

YUM! BRANDS, INC., et al.,

Defendant.
____________________________/
ORDER SEVERING DEFENDANT MALIBU BUILDERS AND
SETTING DATES
On September 24, 2018, the parties appeared for a Status Conference in this
matter. At the conference, the Court indicated that it would sever Defendant
Malibu Builders from Plaintiff’s claims against the remaining Defendants pursuant
to Rule 21 of the Federal Rules of Civil Procedure. Accordingly, the following
dates shall govern Plaintiff’s claims against Malibu Builders:
SCHEDULING ORDER FOR SEVERED DEFENDANT MALIBU
BUILDERS
YOU WILL RECEIVE NO FURTHER NOTICE OF THESE DATES
Plaintiff’s Amended Complaint due:
September 28, 2018
Counsel for Malibu Builders shall October 2, 2018 at 5:00 p.m.
contact the Court and Plaintiff’s

counsel to indicate whether she wishes
to proceed with Motion for More
Definite Statement no later than:
Witness Lists Filed by (lay and expert): December 18, 2018
Discovery cutoff:
February 5, 2019
Dispositive Motion Cutoff:
February 19, 2019
Settlement Conference with Magistrate March of 2019
Judge R. Steven Whalen:
Motions in Limine due:
Final Pretrial Order due:
Final Pretrial Conference:

March 18, 2019
March 19, 2019
March 26, 2019 at 2:00 p.m.

Jury Trial:

April 9, 2019 at 9:00 a.m.

Estimated Length of Trial:

Unknown

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 only
be extended by filing a timely written motion with the court. Extensions or
adjournments of all other dates will also only be considered upon the filing
of a timely written motion for good cause shown. Local Rule 26.2 generally

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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:
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 nonstipulated 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

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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) Trial counsel for each party;
2) All parties who are natural persons;
3) A representative on behalf of any other party;
4) 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.

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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. Judge’s courtesy copies and disc required. 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.

B.

In a non-jury case, proposed FINDINGS OF FACT and
CONCLUSIONS OF LAW.

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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. If any filing contains more than ten
exhibits, two Judge’s copies are required.

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 [phone].

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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: September 24, 2018

s/Gershwin A. Drain
GERSHWIN A. DRAIN
United States District Judge

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, September 24, 2018, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager

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