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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

LATONYA LEFEBVRE, 

 Plaintiff, 

and

SOUTHEAST MICHIGAN SURGICAL 

HOSPITAL, LLC, 

Plaintiff-Intervenor,

v. 

CITIZENS INSURANCE COMPANY

OF THE MIDWEST, 

 Defendant. 

 / 

Case No. 14-cv-13312 

 Honorable Gershwin A. Drain 

ORDER GRANTING MOTION TO INTERVENE [#10]

AND ISSUING AMENDED SCHEDULING ORDER 

Plaintiff, Latonya Lefebvre (“Lefebvre”), filed the instant action on May 8, 2014 in the 

Wayne County Circuit Court. See Dkt. No. 1-1. Defendant, Citizens Insurance Company of the 

Midwest (“Citizens Insurance”) removed the action to this Court on August 26, 2014. See Dkt.

No. 1. Presently before the Court is Southeast Michigan Surgical Hospital, LLC’s (“Southeast”) 

Motion to Intervene, filed December 10, 2014. See Dkt. No. 10. Neither Plaintiff nor Defendant 

objects to Southeast’s intervention in this case. See Dkt. No. 10-2. 

This matter involves a motor vehicle accident that occurred on June 16, 2013 in which 

Plaintiff sustained personal injuries. Plaintiff underwent surgery at Southeast’s health care 

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facility following the accident. As a result of the surgery, Southeast maintains that there is an 

outstanding balance in the amount of $132,595.39, which Defendant refuses to pay in full. See

Dkt. No. 10 at 4.

Rule 24(a) dictates that certain parties have an intervention of right. Fed. R. Civ. P. 24(a). 

Pursuant to Rule 24(a), the Court must allow intervention for anyone who files a timely motion 

to intervene, and who “claims an interest relating to the property or transaction that is the subject 

of the action, and is so situated that disposing of the action may as a practical matter impair or 

impede the movant's ability to protect its interest, unless existing parties adequately represent 

that interest.” Fed. R. Civ. P. 24(a)(2).

Southeast notes that “Michigan courts have long permitted medical service providers the 

right to intervene in No-Fault litigation pending between insurer and insured[.]” See Dkt. No. 10 

(citing Botsford Gen. Hosp. v. Citizens Ins. Co., 195 Mich. App. 127, 489 N.W.2d 137 (1992)). 

Southeast also notes that neither the Plaintiff nor Defendant will represent Southeast’s interest of 

receiving full payment in this matter. The Court agrees, and finds that Southeast has an 

unconditional right to intervene under Rule 24(a). 

The Court finds that Southeast’s Motion to Intervene is timely. This action is in its 

infancy, having been filed on August 26, 2014. There is no prejudice to Defendant as the only 

activity in this matter has been the exchange of pleadings and a scheduling conference. The 

Court has not decided any of the merits of this case. Accordingly, Southeast’s Motion to 

Intervene [#10] is GRANTED.

In light of the addition of Southeast as Plaintiff-Intervener, the Court will reset the 

remaining deadlines. Accordingly, IT IS HEREBY ORDERED that the following dates will 

govern this case: 

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YOU WILL RECEIVE NO FURTHER NOTICE OF THESE DATES

Witness Lists Filed By: April 15, 2015 

Discovery Cutoff: May 27, 2015 

Dispositive Motion Cutoff: June 24, 2015 

Case Evaluation:1 August of 2015 

Settlement Conference before Magistrate Judge 

Michael J. Hluchaniuk: 

October of 2015 

Motions in Limine due: October 14, 2015 

Final Pretrial Order due: November 11, 2015 

Final Pretrial Conference: November 18, 2015, at 10:00 a.m. 

Trial Date: December 1, 2015 at 9:00 a.m. 

Jury Demand 

Estimated Length of Trial: 5-6 half days 

I. TIME. Computation of time under this order and under any notice of any scheduling 

order or notice in this case shall be in conformity and accordance with Federal Rule of 

Civil Procedure 6(a). 

II. DISCOVERY. Discovery shall be completed on or before the date set forth in the 

scheduling order. The court will not order discovery to take place subsequent to the 

discovery cutoff date. The discovery deadline may be extended by filing a stipulation 

with the court only if the extension of time does not affect the dispositive motion cut-off, 

final pretrial conference or trial dates. Extensions or adjournments of all other dates will 

only be considered upon the filing of a timely written motion for good cause shown. 

Local Rule 26.2 generally prohibits filing discovery materials with the Clerk. Violation 

of this rule may result in sanctions. 

III. FINAL PRETRIAL CONFERENCE AND FINAL PRETRIAL ORDER. The Final 

Pretrial Order must be submitted through the document utilities function of the CM/ECF 

on or before the date set by this order. All witnesses must be listed in the Final Pretrial 

Order. Witnesses may only be added to the Final Pretrial Order by stipulation of the 

parties and leave of court. Counsel shall follow the procedure outlined below to prepare 

for the final pretrial conference and the Final Pretrial Order: 

 

1

 The parties may submit the case to facilitation in lieu of case evaluation. A proposed stipulated order referring 

case to facilitation shall be submitted to the Court via the utilities function on CM/ECF no later than May 18, 2015. 

The proposed order must identify the facilitator and the date set for facilitation. Facilitation must occur no later than 

August 31, 2015. 

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 A. Counsel for all parties are directed to confer in person (face to face) at their 

earliest convenience in order to (1) reach any possible stipulations narrowing the 

issues of law and fact, (2) deal with non-stipulated issues in the manner stated in 

this paragraph, and (3) exchange documents that will be offered in evidence at 

trial. It shall be the duty of counsel for plaintiff to initiate that meeting and the 

duty of opposing counsel to respond to plaintiff’s counsel and to offer full 

cooperation and assistance. If, after reasonable effort, any party cannot obtain the 

cooperation of opposing counsel, it shall be his or her duty to communicate with 

the court. The Final Pretrial Order shall fulfill the parties’ disclosure obligations 

under Federal Rule of Civil Procedure 26(a)(3), unless the Judge orders 

otherwise. All objections specified in Rule 26(a)(3) shall be made in this order. 

Counsel for plaintiff shall prepare a draft Final Pretrial Order and submit it to 

opposing counsel, after which all counsel will jointly submit the proposed order. 

The Final Pretrial Order should provide for the signature of the court, which, 

when signed, will become an Order of the court. The proposed Final Pretrial 

Order shall strictly comply with the requirements of Local Rule 16.2. 

 * Pursuant to Local Rule 16.2(b)(9), any objection based on foundation or

 authenticity will be deemed waived if not raised before trial. 

 B. The following persons shall personally attend the final pretrial conference: 

1) Trial counsel for each party; 

2) All parties who are natural persons; 

3) A representative on behalf of any other party; 

4) A representative of any insurance carrier that has undertaken the prosecution 

or defense of the case and has contractually reserved to itself the ability to 

settle the action. 

Representatives must possess full authority to engage in settlement discussions and 

 to agree upon a full and final settlement. “Personal attendance” by each party is 

 not satisfied by (1) trial counsel professing to have full authority on behalf of the

 client or (2) a party being available by telephone.

IV. At least ONE WEEK prior to the beginning of trial, counsel shall furnish to the court the 

following:

 A. In jury cases, any requests for VOIR DIRE, proposed JOINT JURY 

INSTRUCTIONS and the VERDICT FORM. The parties shall file with the 

court a single set of proposed, stipulated jury instructions and a single, proposed 

verdict form. The instructions are to be typewritten and double spaced and shall 

contain references to authority (e.g., “Devitt and Blackmar, Section 11.08"). 

Additionally, each party shall separately file any additional proposed instructions 

to which any other party objects. The parties must make a concerted, good faith 

effort to narrow the areas of dispute and to discuss each instruction with a view to 

reaching an agreement as to an acceptable form. 

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 B. In a non-jury case, proposed FINDINGS OF FACT and CONCLUSIONS OF 

LAW. 

 C. A statement of claims or defenses, no longer than two pages, suitable to be read to 

the jury during opening instructions.

V. EXHIBITS. Counsel are required to mark all proposed exhibits in advance of trial. 

Plaintiff’s exhibits shall use numbers and Defendant’s exhibits shall use letters. A 

consecutive number and lettering system should be used by each party. The parties are 

required to exchange marked exhibits three days prior to the start of trial. Counsel are 

also required to maintain a record of all admitted exhibits during trial. See attached 

exhibit form. Counsel for each party must keep custody of that party’s admitted exhibits 

during trial. A party who objects to this provision must file a written objection prior to 

jury selection. 

VI. JUDGE’S COPIES. A paper copy of electronically filed motions, briefs, attachments, 

responses, replies, proposed Final Pretrial Order, and proposed Joint Jury Instructions 

(with disc) MUST be delivered directly to the Judge’s chambers and labeled Judge’s 

copy.

VII. The court will not allow counsel not admitted in the Eastern District to practice upon a 

special motion. All inquiries regarding admission to this district must be directed to the 

Clerk’s office at (313) 234-5005.

VIII. LOCAL COUNSEL. An attorney admitted to practice in the Eastern District of 

Michigan who appears as attorney of record and is not an active member of the State Bar 

of Michigan must specify local counsel with an office in this district. Local counsel must 

enter an appearance and otherwise comply with Local Rule 83.20(f).

SO ORDERED. 

Dated: December 11, 2014 

 /s/Gershwin A Drain 

 Hon. Gershwin A. Drain 

 United States District Court Judge 

CERTIFICATE OF SERVICE 

Copies of this Order were served 

upon attorneys of record on 

December 11, 2014, by electronic mail. 

/s/ Tanya Bankston 

Deputy Clerk 

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HONORABLE GERSHWIN A. DRAIN 

UNITED STATES DISTRICT JUDGE 

231 W. LAFAYETTE #1013 

DETROIT, MI 48226

 PHONE: (313) 234-5215 FAX: (313) 234-5219 

 CASE MANAGER: Tanya Bankston 

CONFERENCES Scheduling conferences held after answer filed and scheduling order 

issued. Status conference held as needed or requested. Settlement 

conference before Magistrate Judge assigned to the case required.

MOTIONS Hearings held on most motions. Proposed orders shall be attached to the 

motion, as well as submitted through the document utilities function of the 

CM/ECF. Strict compliance required with Local Rules 7.1 and 65.1.

DISCOVERY Discovery shall be completed on or before the date set forth in the 

scheduling order.

MEDIATION Civil cases referred after discovery cut-off and parties are encouraged to 

stipulate in writing to be bound by mediation sanctions. It is not 

necessary, however, that sanctions be included in the stipulation.

PRETRIAL Final Pretrial Order generally due one week before final pretrial 

conference. Witnesses may only be added to the final pretrial order by 

stipulation of the parties and leave of court. Final pretrial conference 

usually held two weeks prior to trial, parties and/or persons with 

settlement authority must be present. 

TRIAL Attorneys are responsible to ascertain the status of the trial date. Marked 

exhibits are to be exchanged three (3) days prior to trial. Benchbook of 

exhibits is required. If trial briefs are required by the court, they must be 

filed one (1) week prior to trial. File motions in limine no later than four 

(4) weeks prior to the final pretrial conference. Trial is usually held 9:00 

a.m. to 4:00 p.m. daily. 

NON-JURY Submit proposed findings of fact/conclusions of law, one (1) week prior to 

trial. 

JURY Voir dire by court. Submit proposed voir dire one (1) week prior to trial. 

Proposed joint jury instructions and verdict form due one (1) week prior to 

trial. Judge’s courtesy copy and disc required.

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PLAINTIFF’S EXHIBITS 

DEFENDANT’S EXHIBITS

EXHIBIT

NO.

DESCRIPTION DATE 

OFFERED

OBJECTED 

TO

RECEIVED

 

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