Kennedy v. Walmart, Inc.

Filing 34

ORDER Requiring Personal Appearance at Settlement Conference. Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACIE KENNEDY,
Plaintiff,

Case No. 23-cv-11614
Hon. Matthew F. Leitman

v.
WAL-MART STORES, EAST, LP,
and SPRINGWISE FACILITY
MANAGEMENT, INC.,
Defendants.
__________________________________________________________________/
ORDER REQUIRING PERSONAL
APPEARANCE AT SETTLEMENT CONFERENCE
On July 19, 2024, at 9:30 a.m., the Court will hold a joint settlement
conference and motion hearing on (1) Plaintiff Tracie Kennedy’s motion to dismiss
Defendant Springwise Facility Management Inc. (ECF No. 23) and (2) Springwise’s
motion to file a Third-Party Complaint (ECF No. 27). The Court ORDERS the
personal appearance of the following people at the settlement conference and
motion hearing:
 Plaintiff Kennedy and Kennedy’s counsel;
 Defendant Wal-Mart Stores, East, LP’s counsel and Farm Bureau
insurance adjuster Laverne Winczer; and
 Springwise’s counsel and a representative from Springwise with full
settlement authority.
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By no later than July 12, 2024, each party shall submit a confidential
Settlement Statement to the Court. The Settlement Statement is for the Court’s
exclusive use in preparing for and conducting the settlement conference. Do not file,
docket, or serve this statement. Instead, it should be sent by email to the Court’s
Case Manager ([e-mail]).
The Settlement Statement shall (1) recite the key facts and law, (2) discuss the
strengths and weaknesses of each party’s case, (3) discuss the parties’ position on
settlement, (4) detail litigation expenses to date and going forward through trial; and
(5) describe the settlement efforts to date. The Settlement Statement shall not exceed
seven (7) pages. The parties are directed to be candid in their Settlement Statements
and to provide the Court with sufficient detail to analyze the critical factual and legal
issues in the case. The parties shall also exchange settlement demands prior to the
settlement conference.
Finally, as discussed on the record during the status conference that the Court
held on June 3, 2024, if Springwise and Farm Bureau resolve their dispute, the Court
will cancel the motion hearing and settlement conference and proceed with the
alternative plan to remand this action to the Macomb County Circuit Court.
IT IS SO ORDERED.

Dated: June 3, 2024

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on June 3, 2024, by electronic means and/or ordinary
mail.
s/Holly A. Ryan
Case Manager
[phone]

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