Fairgood v. Wethy
ORDER ADJOURNING FINAL PRETRIAL CONFERENCE AND TRIAL DATES AND SETTING DEADLINE FOR SUBMISSION OF JOINT FINAL PRETRIAL ORDER; Joint Final Pretrial Order due 8/6/2021; Final Pretrial Conference reset for 10/12/2021 01:30 PM before District Judge Judith E. Levy, Jury Trial reset for 10/25/2021 08:30 AM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
D’Andre J. Fairgood,
Kipp Wethy (MDOC Officer),
Case No. 18-12107
Judith E. Levy
United States District Judge
Mag. Judge David R. Grand
ORDER ADJOURNING FINAL PRETRIAL CONFERENCE AND
SETTING DEADLINE FOR SUBMISSION OF JOINT FINAL
PRETRIAL ORDER 
On July 14, 2021, Defendant Kipp Wethy filed a notice of failure to
complete the Joint Final Pretrial Order (ECF No. 43) pursuant to the
Amended Scheduling Order governing this case. (ECF No. 42.) Defendant
outlined the history of his numerous attempts to communicate with
Plaintiff D’Andre Fairgood about the need to jointly complete the Joint
Final Pretrial Order. (ECF No. 43, PageID.168–170.) According to
Defendant, despite multiple e-mails requesting Plaintiff’s participation
in convening a conference to discuss the formation of the Joint Final
Pretrial Order, as well as e-mails requesting Plaintiff to provide his
version of the Joint Final Pretrial Order, Plaintiff failed to cooperate in
setting up a conference between the parties or in providing his version of
the Joint Final Pretrial Order. (Id.) As a result of Plaintiff’s lack of
compliance with Eastern District of Michigan Local Rule 16.2(a) and the
Amended Scheduling Order, Defendant requests the Court dismiss
Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 41(b) as
well as Local Rule 16.2(c). (Id. at PageID.171.)
The Amended Scheduling Order (ECF No. 42) governing this case
required submission of a Joint Final Pretrial Order before the Final
Pretrial Conference. See E.D. Mich. L.R. 16.2(a) (“The parties shall
furnish a joint final pretrial order in every civil case at, or if the judge
requires, before the final pretrial conference.”). Under Local Rule 16.2(c),
“[f]or failure to cooperate in preparing or submitting the joint final
pretrial order or failure to comply strictly with the terms of the joint final
pretrial order, the Court may dismiss claims, enter default judgment,
refuse to permit witnesses to testify or to admit exhibits, assess costs and
expenses, including attorney fees, or impose other appropriate
sanctions.” E.D. Mich. L.R. 16.2(c).
The Court will permit the parties additional time in which to
cooperatively prepare and submit the Joint Final Pretrial Order. The
parties are to submit a Joint Final Pretrial Order by August 6, 2021.
The Court does not anticipate any additional extensions of this date.
For the reasons set forth above, the Court ADJOURNS the
deadlines for submission of the Joint Final Pretrial Order (previously set
for July 14, 2021) and the Final Pretrial Conference (previously set for
July 21, 2021) reflected in the Amended Scheduling Order. (ECF No. 42.)
The Final Pretrial Conference is reset to October 12, 2021 at 1:30 p.m.
The Jury Trial Date is reset to October 25, 2021 at 8:30 a.m.
In the event that Plaintiff does not participate in the formation of
the Joint Final Pretrial Order, such that the parties are unable to
cooperatively complete and submit the Joint Final Pretrial Order by
August 6, 2021, the Court will assume that Plaintiff is no longer pursuing
this case and will dismiss Plaintiff’s complaint pursuant to Eastern
District of Michigan Local Rule 16.2(c).
IT IS SO ORDERED.
Dated: July 16, 2021
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on July 16, 2021.
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