Broadcast Music, Inc. et al v. Lady Godiva's, Inc. et al

Filing 18

CASE MANAGEMENT ORDER: final pretrial conference set for 6/19/2012 at 1:15 PM at 601 Federal Building, Grand Rapids, MI before Judge Robert Holmes Bell; bench trial set for 6/25/2012 at 9:00 AM at 601 Federal Building, Grand Rapids, MI before Judge Robert Holmes Bell ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BROADCAST MUSIC, INC., et al.,
Case No. 1:11-CV-1001
Plaintiff,
v.

HON. ROBERT HOLMES BELL

LADY GODIVA’S INC., et al.,
Defendant.
_______________________________/
CASE MANAGEMENT ORDER
IT IS HEREBY ORDERED:
Trial Date and Time
Place:
Before:

601 Ford Federal Building, 110 Michigan, NW
Grand Rapids, MI 49503
Judge Robert Holmes Bell

Jury or Non Jury

Non-Jury

Estimated Length of Trial

2 days

Motions to Join Parties or Amend Pleadings
Rule 26(a)(1) Disclosures

Disclose Name, Address, Area of Expertise and
a short summary of expected testimony
of Expert Witnesses (Rule 26(a)(2)(A)
Disclosure of Expert Reports
(Rule 26(a)(2)(B))
Voluntary Exchange of Documents
Completion of Discovery
Dispositive Motions

June 25, 2012 at 9:00 a.m.

DECEMBER 31, 2011
Plaintiff:
Defendant:

The parties shall exchange
26(a)(1) disclosures within 30
days of the Court’s ruling on the
motion to dismiss counterclaim

Plaintiff:
Defendant:
Not applicable
Plaintiff:
Defendant:
Rebuttal Reports:

Not applicable

Plaintiff:
Defendant:

Not applicable
MARCH 31, 2012
APRIL 30, 2012

Interrogatories will be limited to:
(Single Part Questions)

25 single part questions

Depositions will be limited to:
(Fact Witnesses Per Party)

10 per party

Settlement Conference

Date:
Time:
Before
Date:
Time:

Final Pretrial Conference
Before Judge Robert Holmes Bell
ADR To Take Place On Or Before:

None at this time
June 19, 2012 at 1:15 p.m.
None at this time

1.

TRIAL DATE AND SETTING: This case is scheduled for trial before the Honorable Robert Holmes
Bell, 601 Ford Federal Building, 110 Michigan, NW, Grand Rapids, Michigan, as set forth above.

2.

JOINDER OF PARTIES AND AMENDMENTS OF PLEADINGS: All motions for joinder of
parties and all motions to amend the pleadings must be filed by the date set forth in the table above.

3.

DISCLOSURES AND EXCHANGES

4.

DISCOVERY: All discovery proceedings shall be completed no later than the date set forth in the
table above, and shall not continue beyond this date. All interrogatories, requests for admissions,
and other written discovery requests must be served no later than thirty days before the close of
discovery. All depositions must be completed before the close of discovery. Interrogatories will be
limited as set forth in the table above. Depositions will be limited as set forth in the table above.
There shall be no deviations from this order without prior approval of the court upon good cause
shown. Time limitations for depositions set forth in Rule 30(d)(1) apply to this case.

5.

MOTIONS:
A.

Non-dispositive motions shall be filed in accordance with W.D. Mich. LcivR. 7.3. They will
be referred to Magistrate Judge Joseph G. Scoville in Grand Rapids, Michigan, pursuant to
28 U.S.C. § 636(b)(1)(A). In accordance with 28 U.S.C. § 471, et seq., it is the policy of
this Court to prohibit the consideration of discovery motions unless accompanied by a
certification that the moving party has made a reasonable and good faith effort to reach
agreement with opposing counsel on the matters set forth in the motion.

B.

Dispositive motions shall be filed in accordance with W.D. Mich. LcivR 7.2 by the date set
forth in the table above. If dispositive motions are based on supporting documents such as
depositions or answers to interrogatories, only those excerpts which are relevant to the
motion shall be filed. The case manager will notify counsel of the date for oral argument.

-2-

C.

The parties are strongly encouraged to file motions in limine at least fourteen (14) calendar
days prior to the final pretrial conference, but in no event shall they be filed later than the
date for the submission of the proposed Final Pretrial Order.

6.

ALTERNATIVE DISPUTE RESOLUTION: No form of ADR will be ordered at this time.

7.

SETTLEMENT CONFERENCE: The parties are under an ongoing obligation to engage in good
faith settlement negotiations. No settlement conference has been scheduled at this time.

8.

FINAL PRETRIAL CONFERENCE: A final pretrial conference is scheduled at the date and time
set forth above.

9.

PREPARATION OF PROPOSED FINAL PRETRIAL ORDER: A proposed pretrial order, entitled
“Final Pretrial Order” shall be prepared jointly by counsel and filed three (3) business days prior
to the final pretrial conference in the following form:
A final pretrial conference was held on the ___ day of ______________. Appearing for the
parties as counsel were:
(List the counsel who will attend the pretrial conference.)
1.

Exhibits: The following exhibits will be offered by the plaintiff and the defendant:
(List separately for each party all exhibits, including demonstrative evidence and
summaries of other evidence, by name and number. Plaintiff shall use numbers;
defendant shall use letters. Indicate with respect to each exhibit whether and for
what reason its admissibility is challenged. Exhibits expected to be used solely for
impeachment purposes need not be numbered or listed until identified at trial.
Failure to list an exhibit required to be listed by this order will result, except upon
a showing of good cause, in a determination of non-admissibility at trial. Objections
not contained in the Pretrial Order, other than objections under Evidence Rule 402
or 403, shall be deemed waived except for good cause shown. See Fed. R. Civ. P.
26(a)(3)(B).)

2.

Uncontroverted Facts: The parties have agreed that the following may be accepted
as established facts:
(State in detail all uncontroverted facts.)

3.

Controverted Facts and Unresolved Issues: The factual issues remaining to be
determined and issues of law for the Court’s determination are:
(Set out each issue which is genuinely controverted, including issues on the merits
and other matters which should be drawn to the Court’s attention.)

-3-

4.

Witnesses:
A.

Non-expert witnesses to be called by the plaintiff and defendant, except
those who may be called for impeachment purposes only, are:
(List names, addresses, and telephone numbers of all non-experts who will
testify. Indicate whether they are expected to testify in person, by
deposition videotape, or by reading of their deposition transcript. Indicate
all objections to the anticipated testimony of each non-expert witness. For
each witness listed, indicate whether the witness will be called or merely
may be called to testify.)

B.

Expert witnesses to be called by the plaintiff and defendant, except those
who may be called for impeachment purposes only, are:
(List names, addresses, and telephone numbers of all experts who will
testify, providing a brief summary of their qualifications and a statement of
the scientific or medical field(s) in which they are offered as experts.
Indicate whether they will testify in person, by deposition videotape, or by
reading of their deposition transcript. Indicate all objections to the
qualifications or anticipated testimony of each expert witness.)
It is understood that, except upon a showing of good cause, no witness
whose name and address does not appear in the lists required by
subsections (a) and (b) will be permitted to testify for any purpose, except
impeachment, if the opposing party objects. Any objection to the use of a
deposition under Fed. R. Civ. P. 32(a) not reflected in the Pretrial Order
shall be deemed waived, except for good cause shown.

5.

Depositions and Other Discovery Documents:
All depositions, answers to written interrogatories, and requests for admissions, or
portions thereof, that are expected to be offered in evidence by the plaintiff and the
defendant are:
(Designate portions of depositions by page and line number. Designate answers to
interrogatories and requests for admissions by answer or request number.
Designation need not be made of portions that may be used, if at all, as
impeachment of an adverse party. Indicate any objections to proposed deposition
testimony, answers to interrogatories, and admissions.)

6.

Length of Trial: Counsel estimate the trial will last approximately _____ full days,
allocated as follows: _____ days for plaintiff’s case; _____ days for defendant’s
case; _____ days for other parties.

-4-

7.

Prospects of Settlement: The status of settlement negotiations is:
(Indicate progress toward settlement and issues that are obstacles to settlement.)

The proposed Final Pretrial Order will be signed by all counsel, signifying acceptance, and upon
approval by the Court, with such additions as are necessary, will be signed by the Court as an order reflecting
the final pretrial conference.
10.

MATTERS TO BE CONSIDERED AT THE FINAL PRETRIAL CONFERENCE: At the final
pretrial conference, the parties and the Court will formulate a plan for trial, including a program for
facilitating the admission of evidence, consider the prospects of settlement, and consider such other
matters as may aid in the trial or other disposition of the action. Unless excused upon a showing of
good cause, the attorney who is to conduct the trial shall attend the pretrial conference and shall
come with full authority to act in all respects, or shall be accompanied by a representative of the
party with such authority.

11.

PREPARATION FOR TRIAL: Trial briefs and Proposed Findings of Fact and Conclusions of Law
shall be submitted to the Judge three (3) business days prior to the trial date.

Dated: December 8, 2011

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

-5-