UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

JENNIFER ZYNDA, ET AL.,

Plaintiffs,

v. Case No. 15-11449

STEVE ARWOOD, ET AL.,

Defendants.

____________________________/

ORDER FOR IDENTIFICATION AND PRESENTATION OF

EXHIBITS, HEARING BRIEFS AND PROPOSED FINDINGS 

FOR PRELIMINARY INJUNCTION HEARING

A hearing on a motion for Preliminary Injunction will be held on November 14,

2016 at 1:30 pm. Two hours are normally allocated for the proceedings on that date. 

Such hearings, in the experience of the court, are often comparable to non-jury trials,

and counsel are thus directed comply with the following instructions:

1) PLAINTIFF’S COUNSEL TO CONVENE FIRST MEETING

a) Plaintiff’s counsel must convene a meeting of all attorneys, as soon as can

practically be done after the motion for preliminary injunction is filed, to discuss and

resolve the issues noted herein. Such meeting may be by telephone if all purposes of

this order can be effectively dealt with through such means.

b) Plaintiff’s counsel must copy and distribute this document to each opposing

counsel who enters or becomes involved in this case.

2) EXHIBITS: Examining, Pre-marking and Listing:

a) Counsel must identify in separate lists and exchange with opposing counsel

each exhibit and each deposition proposed as an exhibit. “Exhibit” includes items which

a party will introduce and items which a party may introduce.

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b) Counsel must promptly notify each other of any objections to the admissibility

of a proposed exhibit and the basis of the objection.

c) Agreed-upon exhibits and depositions shall be considered admitted at the

outset of the hearing. 

d) All exhibits must be marked by counsel in advance of the hearing. Counsel

must not use court time by asking the court reporter to mark exhibits. Plaintiff will use

exhibit numbers beginning with 101, and defendant will use numbers beginning with

501. 

3) FILING OR SUBMITTING TO CHAMBERS STIPULATED EXHIBITS,

DEPOSITIONS, TRIAL BRIEFS AND OTHER MATTERS

a) Counsel for the plaintiff, not later than three business days before the

hearing date, shall:

i. file a joint list of exhibits and depositions (“Joint Exhibit List”). Each

exhibit and each deposition that is not agreed to by the parties must

be followed by a notation near the right margin of the page entitled

“Objection”; this notation shall be followed by a brief statement

describing the nature or basis of the opposing party’s objection;

ii. file a joint statement of counsel concerning the suitability of

consolidation of the hearing and trial under Rule 65(a)(2)1 (“Rule

65(a)(2) Statement”); and

iii. submit to the court (but do not file) copies of the exhibits

themselves, unless bulk or other considerations make such

submission impractical, and copies of the agreed-upon deposition

testimony identified in the listing ordered above.

 1 In a case where a permanent injunction is sought which is essentially a mirror

of the preliminary injunction, counsel must discuss and recommend to the court the

suitability of consolidating the hearing on the preliminary injunction with the trial on the

merits of the application for permanent injunction, pursuant to Federal Rule of Civil

Procedure 65(a)(1)(2).

2

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b) Each party must file not later than three business days before the hearing

date:

i) a “Hearing Brief,” which shall include separately numbered

proposed findings of fact2 and a set of proposed conclusions of law;

and

ii) a list of the witnesses that each party intends to call, with a brief

statement of the proposed testimony (one or two sentences) and an

estimate of the time to be consumed in direct and cross

examination of each witness. 

s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: October 3, 2016

 2 Counsel should try to agree on the significant facts. Please attempt to

construct a consolidated set of findings of fact in the following manner:

• The proponent of the motion prepares separately-numbered

proposed findings of fact and transmits them on paper and

electronically to opposing counsel ten days before the hearing

• Opposing counsel will agree, as appropriate, with each proposed

fact, or disagree and propose an alternate, related fact in

substitution for the fact with which counsel disagreed, and opposing

counsel should propose additional facts as necessary; this reaction

is then transmitted on paper and electronically to proponent of the

motion six days before the hearing.

• The proponent of the motion will then react to the additional

proposed facts electronically and on paper three days before the

hearing.

• The final product can then be submitted to the court in a

consolidated form electronically, and on paper.

This procedure will avoid having the parties independently drafting proposed

facts, many of which are undisputed yet repeated in both versions. 

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I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, October 3, 2016, by electronic and/or ordinary mail.

s/Lisa G. Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

S:\Cleland\LISA\Preliminary Inj\Preliminary Injunction order 2010.wpd

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