Kaye Financial Corporation v. Ticor Title Agency of Arizona, Inc. et al

Filing 12

ORDER FOR FACILITATION. Motions terminated: 4 MOTION to Dismiss filed by Ticor Title Agency of Arizona, Inc., Fidelity National Title Company, LLC, 10 Ex Parte MOTION for Leave to File Sur-Reply Brief filed by Kaye Financial Corporation. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KAYE FINANCIAL CORPORATION,
Plaintiff,

Case No. 17-12427
HON. TERRENCE G. BERG

v.
TICOR TITLE AGENCY OF ARIZONA
INC., and FIDELITY NATIONAL TITLE
COMPANY, LLC,
Defendants.

/

ORDER FOR FACILITATION
Pursuant to Federal Rule of Civil Procedure 16(c)(2)(P), the Court refers this
matter for a settlement conference in accordance with the following provisions:
1. The early settlement conference shall be conducted by the following
neutral facilitator:
Richard Hurford, Esq.
Dispute Resolution Services P.C.
4967 Crooks Road, Suite 100
Troy, Michigan 48098-5812
248-825-3770
[e-mail]
2. The purpose of the conference is to attempt to resolve the litigation in a
prompt, efficient, and fair manner.
3. The conference shall take place at a date, time, and location to be selected
by the facilitator, but not later than sixty (60) days from today’s date. If the
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litigation cannot be resolved at the conference, the facilitator may convene
additional sessions, by phone or in person.
4. The facilitator shall be compensated at a rate of $345 per hour. The
parties shall pay the facilitator’s fees equally (50% for Plaintiff/50% for Defendants).
5. Within seven (7) days of today’s date, counsel shall contact the facilitator to
discuss a mutually convenient date, time, and location for the conference, and such
other issues as the participants may wish to address.
6. In addition to counsel, individuals with full and final settlement authority
must be physically present at the conference. Participation by telephone is not
permitted, unless allowed by the facilitator.
7. Seven (7) days prior to the scheduled conference, or at such other time as
the facilitator may direct, counsel for each party shall submit written statements,
not to exceed ten pages in length, to each other and to the facilitator, setting forth:
(i) that party’s position on the disputed and undisputed issues involved in this case
and that party’s view on how those issues should be resolved; (ii) a summary of the
substance of any settlement discussions that have taken place to date; (iii) proposed
action for resolving this case; and (iv) any perceived obstacles to full and final
resolution of this case. These statements shall not be filed on the Court’s docket or
otherwise disclosed to the Court.

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8. Until further order of the Court, the parties shall not serve discovery,
responses to discovery, or disclosures, and shall not file any motions, responses to
motions already filed, or responsive pleadings. All motions currently pending on the
Court’s docket are hereby DENIED WITHOUT PREJUDICE. Should this case
fail to settle through the facilitation process, any motion denied without prejudice
by this order may be re-filed. Any upcoming court hearings or conferences are
adjourned until further notice.
SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: October 5, 2017
Certificate of Service
I hereby certify that this Order was electronically submitted on October 5,
2017, using the CM/ECF system, which will send notification to each party.
By: s/A. Chubb
Case Manager

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