Opinion
2:23-CV-10796-TGB
04-19-2023
TRACY DURDEN, Plaintiff, v. WAL-MART STORES EAST, LP, JOHN DOE, Defendants.
ORDER REQUIRING PARTIES TO SUBMIT A JOINT DISCOVERY PLAN PURSUANT
TERRENCE G. BERG UNITED STATES DISTRICT JUDGE
Counsel shall comply with Fed. R. Civ. Proc. Rule 26(f) and submit to the Court a joint discovery plan on or before May 3, 2023. In addition to the contents required under Rule 26(f), the joint discovery plan shall contain a case summary that:
• Summarizes the background of the action, the principal factual and legal issues for both sides, and the relief sought by the plaintiff(s);
• Outlines the proposed discovery and proposes an appropriate management plan, including a schedule setting discovery cutoff and trial dates; and
• Describes any outstanding or anticipated discovery disputes, the bases for any objections, and any anticipated motions, including dispositive motions;
The proposed discovery plan and case summary shall be filed with the Court.
The parties are directed to discuss the following during their discovery plan conference:
i. The issues and narrowing the issues;
ii. Subject matter jurisdiction;
iii. Relationship to other cases;
iv. Necessity of amendments to pleadings, additional parties, third-party complaints, etc.;
v. Settlement, including alternative dispute resolution;
vi. Progress of discovery (counsel are instructed to commence significant discovery prior to the conference);
vii. Issues which may appropriately be resolved by motion; and viii. Estimated trial length.
Counsel are directed to discuss case evaluation (formerly Amediation@) with their clients, and the prospect of obtaining authority to stipulate to be bound by the provisions of Mich. Ct. R. 2.403, including the section dealing with sanctions.