McCoy v. Michigan Department of Corrections et al
Filing
14
ORDER STAYING CASE and Referral to the Pro Se Prisoner Early Mediation Program. Signed by District Judge Terrence G. Berg. (AChu)
Case 2:20-cv-11345-TGB-DRG ECF No. 14 filed 08/20/20
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MIED (01/2020) Order Staying Case
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ROBERT M-G MCCOY,
Plaintiff(s)
Civil Action No. 20-11345
Judge Terrence G. Berg
v.
DONALD SMITH, ET AL.,
Defendant(s)
/
ORDER STAYING CASE
Plaintiff, a prisoner in the custody of the Michigan Department of Corrections, filed a civil rights complaint
pursuant to 42 U.S.C. § 1983. The complaint survived screening under 28 U.S.C. § 1915A and 42 U.S.C.
§ 1997e(c), therefore,
IT IS ORDERED that:
1.
Pursuant to Administrative Order 18-AO-042 this action will participate in the Pro Se Prisoner Early
Mediation Program.
2.
This action is stayed for a period of ninety (90) days to allow plaintiff and defendant(s) an
opportunity to participate in mediation to settle their dispute before the defendant(s) are formally served, an answer
is filed, or the discovery process begins. This process is governed by the Mediation Procedure (Attachment A).
3.
No other pleadings or papers may be filed, and the parties may not engage in formal discovery
during the ninety-day stay.
4.
The 90-day period for the defendant(s) to be served under Federal Rule of Civil Procedure
(“F.R.Civ.P”) 4(m) is tolled.
5.
If no settlement is reached and this case proceeds in the normal course of litigation, the Mediation
Referral Judge has the authority to lift this stay and the 90-day time period for service under F.R.Civ.P. 4(m) will
begin to run on the date the stay order is lifted.
Case 2:20-cv-11345-TGB-DRG ECF No. 14 filed 08/20/20
6.
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Subsequent to the entry of orders regarding service of process, the Mediation Referral Judge will
return the case to the docket of the district judge.
7.
Plaintiff is directed to show this Order to his or her Assistant Resident Unit Supervisor
(“ARUS”) upon receipt to schedule a date and time to see the Pro Se Prisoner Early Mediation Program’s
educational video that explains the program.
s/Terrence G. Berg
Terrence G. Berg
United States District Judge
Date: August 20, 2020
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Case 2:20-cv-11345-TGB-DRG ECF No. 14 filed 08/20/20
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MIED (01/2020) Attachment A – Mediation Procedure
Attachment A
Mediation Procedure
EXCLUSION
1. Any party who seeks to have this case excluded from the prisoner mediation program, must file a “motion
to exclude case from mediation” on or before twenty-one (21) days after the date of this order. The
responding party has seven (7) days to file a response. No reply may be filed. Thereafter, the Mediation
Referral Judge will decide the matter and issue an order.
MEDICAL RECORDS PRODUCTION
1. If medical claims are made in the complaint, the Michigan Department of Corrections (“MDOC”) is required
to give plaintiff a medical records release form to sign within seven (7) days of this order. Plaintiff is
required to sign and return the medical records release form within seven (7) days from the date the form it
is received.
2. Upon receipt of the medical records release form, the MDOC is required to produce all medical records not
just those deemed relevant by the MDOC for viewing by the Plaintiff, within 14 days of the date on the
medical release form, to plaintiff and the attorney for Corizon. Plaintiff is responsible for paying for copies,
or requesting a fee waiver, of any records not deemed relevant by MDOC to the pending medical claim.
3. The mediator must be provided a copy of the relevant medical records by electronic means.
SERVICE
1. The Court will serve a copy of the stay order by U.S. mail on plaintiff and will informally serve (by electronic
means) a copy of the order and a copy of plaintiff’s complaint on (1) the Michigan Department of Attorney
General, care of: [insert name(s) and email address(es) of relevant individual(s)]; (2) [insert information for
third-party contractor defendants (e.g., employees of Corizon, Trinity Services Group, etc.)] care of: [insert
name(s) and email address(es) of relevant individual(s)].
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Case 2:20-cv-11345-TGB-DRG ECF No. 14 filed 08/20/20
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2. For defendants who are current or former state employees (as opposed to employees of a third-party
contractor such as Corizon or Trinity Services Group), the Department of Attorney General will enter a
limited appearance for the sole purpose of early mediation. For defendants who are employees of a thirdparty contractor, counsel for defendant’s employer will appear on their behalf solely for early mediation. To
accomplish informal service for the early mediation program, the Court maintains contact information for the
individuals in the paragraph above, who will accept informal service. If early mediation is unsuccessful,
defendants will be served (by waiver of service of summons or formal process), and counsel must appear
as usual in an ordinary case.
3. The Michigan Department of Attorney General, and counsel for other defendants, must enter their limited
notice of appearance for purpose of early mediation within twenty-one (21) days from the date this order is
entered in the ECF system. No defenses or objections, including lack of service, are waived as a result of
filing the limited notice of appearance.
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