UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
THE TAUBMAN COMPANY, Plaintiff(s),
-v- WEBFEATS, ET AL, Defendant(s).
CASE NO.: 01-CV-72987-DT-DT
HONORABLE LAWRENCE P. ZATKOFF
SCHEDULING ORDER FOR THE PURPOSE OF:
- Scheduling future proceedings;
- Establishing deadline and cut-off dates for discovery procedures, amendments to pleadings and
- Modifying motion practice; and
- Referring certain pretrial matters to United States Magistrate Judge.
ALL COUNSEL ARE ADVISED THAT IT IS THE POLICY OF THE COURT TO ENFORCE
THE DEADLINES AND CUT-OFF DATES SET FORTH IN THIS SCHEDULING ORDER
PURSUANT TO RULE 16(f), FEDERAL RULES OF CIVIL PROCEDURE.
SPECIAL NOTICE: Pursuant to Rule 16(b), Federal Rules of Civil Procedure,
requests for modification of this Scheduling Order must be
submitted in writing by mail to the Court within 14 days from
the date of this Scheduling Order.
Pursuant to the Federal Rules of Civil Procedure, the Court enters the following schedule controlling
the progress of the above-entitled cause:
IT IS ORDERED:
Parties are ORDERED to exchange complete trial witness lists on or before:
2/1/02 and file a proof of service. NO WITNESS MAY BE CALLED FOR TRIAL UNLESS THAT
WITNESS' NAME AND ADDRESS IS LISTED, unless the Court rules, prior to trial, that there was
good cause for failing to list such witness.
Case will be referred to Mediation Tribunal: N/A.
The discovery cut-off date is: 2/15/02. ALL DISCOVERY SHALL BE
INITIATED WELL IN ADVANCE OF THE DISCOVERY CUT-OFF DATE. MOTIONS TO
COMPEL, IF NECESSARY, MUST BE FILED AND HEARD BEFORE THE DISCOVERY
Dispositive motions (summary judgment, etc.), if any, shall be filed by:
3/8/02. (See comment below on motion practice.)
Motions in limine must be filed with the Court before the pretrial/settlement
conference date. No motions in limine will be heard on day of trial.
The proposed pretrial order shall be submitted to the Judge's Chambers at the
Final Pretrial Conference. Instructions are attached (page 4). FAILURE TO SUBMIT A TIMELY
PRETRIAL ORDER WILL RESULT IN THE ISSUANCE OF SANCTIONS.
FINAL PRETRIAL/SETTLEMENT CONFERENCE IS SCHEDULED FOR:
7/17/02 at 2:00 p.m. TRIAL COUNSEL MUST BE PRESENT, AS WELL AS THE CLIENTS
AND/OR THOSE WITH FULL AUTHORITY TO ENGAGE IN SETTLEMENT NEGOTIATIONS.
***THE COURT DECLINES TO FOLLOW LOCAL RULE 16.1(f) (THE SO-
CALLED "ONE SIZE FITS ALL" RULE). ACCORDINGLY, THE FINAL PRETRIAL
CONFERENCE DATE SHALL REMAIN AS LISTED ABOVE, NOTWITHSTANDING ANY
PENDING PRETRIAL MOTIONS UNLESS OTHERWISE ORDERED BY THE COURT.
Joint jury instructions for jury cases, or individual proposed findings of fact
and conclusions of law for non-jury cases, must be submitted to the Court on the first day of trial.
Joint jury instructions shall only include instructions on the substantive law and shall not include
preliminary instructions, headings, citations, or captions. Joint jury instructions shall be submitted
in paper form and on 3.5" computer diskette, compatible with WordPerfect 8.0. Trial briefs must
be submitted at least 3 days before trial. (See Local Court 16.2(d)).
Parties are to exchange copies of all exhibits or divulge and permit an
opportunity to review exhibits not capable of being copied, at least 20 days prior to the month in
which the case is scheduled for trial.
All proposed exhibits are to be jointly premarked and indexed. If the parties
do not agree upon a proposed exhibit, any objections must be made in writing and submitted
to the Court at least three (3) days before trial.
In jury cases, the Court shall be furnished with a copy of all proposed documentary
exhibits IN BINDERS with a typed index. In non-jury cases, the Court shall be furnished with two
(2) copies of all proposed documentary exhibits IN BINDERS and two (2) typed indexes.
All depositions shall be edited prior to the Final Pretrial/Settlement
Conference date. The Court will not hear any motions or objections regarding the content of
depositions after the Final Pretrial/Settlement Conference.
The case is assigned for: JURY on the Court's trailing docket for: AUGUST,
When each attorney for each party in any suit desires an early trial date and
will dispatch all pretrial motions, this Court will assure the earliest open date for trial. *Call Ms.
Thebolt, Court Clerk at (313) 234-5111.
*QUESTIONS CONCERNING THIS SCHEDULING ORDER SHOULD BE
DIRECTED TO THE COURT'S COURTROOM DEPUTY CLERK, BERNADETTE THEBOLT,
AT (313) 234-5111.
Counsel are expected to comply with Rule 7.1, Local Rules of this Court, including the
requiring of filing responses and briefs within ten (10) days after service of motion.
Oral arguments on motions will not be held unless, upon consideration, the Court so orders.
If the Court does order oral argument, reasonable notice of a date and time will be given to all
counsel. E.D. Mich. Local R. 7.1(e)(2).
Dated: November 27, 2001
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT COURT
PURSUANT TO RULE 77(d), FRCivP, COPIES
HAVE BEEN MAILED TO THE FOLLOWING:
JULIE A. GREENBERG, ESQ.
HENRY MISHKOFF (PRO PER)
DEPUTY COURT CLERK