RE/MAX, LLC v. Quicken Loans Inc. et al

Filing 14

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 12 Motion to Conduct Pre-Conference Hearing Telephonically - Signed by Magistrate Judge R. Steven Whalen. (CCie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RE/MAX, LLC, Plaintiff, No. 17-50617 v. District Judge David M. Lawson Magistrate Judge R. Steven Whalen QUICKEN LOANS, INC., Defendant. / ORDER The Court has set a July 11, 2017 hearing date for Plaintiff RE/MAX, LLC’s (“RE/MAX’s”) motion compel response to subpoena to non-party In-House Realty LLC (“In-House”)[Doc. #1], and Defendant Quicken Loan Inc.’s (“Quicken Loan’s”) motion to quash third-party subpoena [Doc. #9]. The Notice of Hearing for these motions directed counsel for the parties to meet and confer face-to-face in advance of the hearing, in an attempt to resolve some or all of the issues raised in the motions [Doc. #11]. A party requesting a telephonic pre-hearing conference is required to “submit a written statement to the Magistrate Judge explaining why a telephonic conference is necessary.” The current discovery motion is ancillary to a proceeding in the District of Colorado. Non-party In-House, from whom documents are requested, is domiciled in Michigan. Counsel for RE/MAX requests a telephonic conference because lead counsel in the underlying case resides in the State of Colorado [Doc. #12]. In-House objects, and and has requested enforcement of the face-to-face meet-and-confer policy [Doc. #13]. The docket sheet indicates that in terms of the present ancillary proceeding, all -1- counsel of record are located in the Eastern District of Michigan, specifically Troy, Birmingham, and Ann Arbor, Michigan. The Court’s meet-and-confer policy will be satisfied in the Michigan attorneys of record meet face-to-face, and the Court orders that they do so, pursuant to the Notice of Hearing. However, “the just, speedy, and inexpensive determination” of this proceeding, Fed.R.Civ.P. 1, would not be well-served by requiring Colorado counsel in the underlying case to personally appear for the meet-and-confer in Michigan, and I am confident that pre-hearing discussions can be productive if out-of-state counsel participates either by telephone, Skype, or videoconference. I will leave it to counsel to agree on which of these mechanisms works best for them.1 Therefore, both RE/MAX’s and In-House’s requests are GRANTED IN PART AND DENIED IN PART. Michigan counsel of record in this ancillary proceeding will meet in person for the pre-hearing conference. Out-of-state counsel in the underlying Colorado action may participate by telephone, Skype, or videoconference. IT IS SO ORDERED. Dated: June 29, 2017 s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE 1 If counsel cannot agree, the default procedure will be telephonic participation by out-of-state counsel. -2- CERTIFICATE OF SERVICE I hereby certify on June 29, 2017 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF participants June 29, 2017. s/Carolyn M. Ciesla Case Manager for the Honorable R. Steven Whalen -3-

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