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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

TIMOTHY KERRIGAN et al., 

Plaintiffs, Case No. 14-cv-12693 

Hon. Matthew F. Leitman 

v. 

VISALUS, INC. et al., 

Defendants. 

_________________________________________________________________/ 

ORDER TO ATTEND TELEPHONIC SCHEDULING CONFERENCE AND 

NOTICE OF REQUIREMENTS FOR SUBMISSION OF DISCOVERY 

PLAN 

Counsel for all parties are hereby directed to appear for a telephonic Case 

Management and Scheduling Conference (the “Conference”) on Monday, May 2, 

2016, at 10:30 a.m. Counsel shall use the following call-in information for the 

Conference: 

 Phone Number: 215-446-3649 

 Access Code: 8390969 

The purpose of this Conference is to make the Court aware of the issues 

involved, to discuss the possibility of settlement, and to establish appropriate case 

management dates. Prior to the Conference, counsel shall meet and confer in 

order to prepare a Joint Case Management Report/Discovery Plan (the “Plan”) in 

accordance with Federal Rule of Civil Procedure 26(f). The Plan shall follow 

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the format and address the Agenda Items listed below. The Plan must be filed 

with the Court no later than five (5) business days before the Conference. 

Following the Conference, the Court will enter its own Case Management and 

Scheduling Order. 

The following Agenda Items are to be individually addressed in the written 

Plan under separate headings: 

1. Amendment of Pleadings: Identify any anticipated 

amendments of pleadings to add or delete claims, defenses, or parties. 

2. Class Certification: Provide a proposal for the sequence and 

timing of issues related to class certification. 

3. Discovery: (a) Summarize the discovery each party 

intends to pursue, including expert witnesses, the reasonable time needed 

for completion, and any anticipated disputes; (b) Explain the arrangements 

for exchanging initial disclosures required by Fed. R. Civ. 26(a)(1); (c) 

Indicate whether any changes should be made in the limitations on 

discovery imposed by the Federal and Local Rules; and (d) address 

whether there is a need to enter a protective order or a confidentiality order 

pursuant to Federal Rule of Evidence 502(d). Counsel are instructed to 

commence discovery following the meet and confer. 

4. Electronic Discovery: Explain the parties’ plan for dealing 

with electronic discovery and whether implementation of this District’s 

Model Order Relating to the Discovery of Electronically Stored 

Information is warranted. The parties are also encouraged to consult this 

District’s Checklist for Rule 26(f) Meet and Confer Regarding 

Electronically Stored Information, attached to the Model Order linked to 

above. At the very least, the parties should discuss and address (a) the ESI 

to be preserved; (b) the form in which any ESI will be produced (i.e., 

native format, PDF, paper, etc.); (c) whether to limit discovery of ESI 

to particular sources or custodians, at least as an initial matter; and (d) 

search terms or methods to be used to identify responsive materials. 

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5. Settlement: Explain the prospects for settlement and 

whether the parties are interested in Case Evaluation (see Local Rule 

16.3) or other methods of alternate dispute resolution. Identify the 

discovery that would be most helpful in evaluating likelihood of 

settlement. 

6. Consent: Indicate whether the parties consent to the 

jurisdiction of a United States Magistrate Judge to conduct all proceedings 

in this civil action (including a jury or non-jury trial) and to order the entry 

of a final judgment, as provided in 28 U.S.C. § 636(c) and Federal Rule of 

Civil Procedure 73. 

7. Trial: Identify whether this will be a jury or bench trial and 

the estimated length of trial. Also identify when each side can be ready for 

trial. 

8. Miscellaneous: Identify any other matters any party wishes 

to address at the Scheduling Conference. 

In the event that the parties cannot reach an agreement on any provision of 

the Plan, the parties shall include in the relevant provision of the Plan a brief 

statement containing each of the parties’ respective positions. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: March 22, 2016 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on March 22, 2016, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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