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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

BRIAN MURRAY, 

Plaintiff, Case No. 15-12107 

 Hon. Matthew F. Leitman 

v. 

MCCRAW-HILL GLOBAL EDUCATION LLC 

f/k/a MCCRAW-HILL EDUCATION, LLC, 

Defendant. 

__________________________________________________________________/ 

CASE MANAGEMENT REQUIREMENTS AND SCHEDULING ORDER

This civil case having come before the Court pursuant to Fed. R. Civ. P. 16 

and the parties having submitted a proposed discovery plan(s), the Court enters the 

following schedule to manage the progress of the case: 

EVENT DEADLINE

Rule 26(a)(1) Disclosures September 25, 2015 

Amendment of Pleadings and Addition of Parties October 9, 2015 

Fact Discovery Cutoff March 11, 2016 

Rule 26(a)(2) Proponent Expert Disclosures April 11, 2016 

Rule 26(a)(2) Rebuttal Expert Disclosures May 11, 2016 

Expert Discovery Cutoff June 13, 2016 

Telephonic Interim Status Conference June 29, 2016 at 2:30 p.m. 

Dispositive Motions and Challenges to Experts July 15, 2016 

Rule 26(a)(3) Pretrial Disclosures September 16, 2016 

Motions in Limine October 14, 2016 

Response briefs due 10 days after filing, but 

not later than October 24, 2016. Reply briefs 

due 5 days after responses are filed, but not 

later than October 31, 2016. 

Final Pretrial Order November 2, 2016 

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Final Pretrial Conference November 16, 2016 at 10:00 a.m. 

Trial Date Tuesday, November 29, 2016 at 9:00 a.m. 

Estimated Length of Trial 1 week 

JURY TRIAL

CASE MANAGEMENT REQUIREMENTS 

1. 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). All inquiries regarding admission to this district should be 

directed to the Clerk’s office at (313) 234- 5005. 

2. DISCOVERY CUTOFF: Discovery must be served sufficiently in 

advance of the discovery cutoff so as to allow the opposing party sufficient time to 

respond under the Federal Rules of Civil Procedure prior to the close of discovery. 

The Court will not order discovery to take place after the cutoff date. 

3. EXTENSIONS OF TIME: Parties may agree to extend the discovery 

cutoff deadline by filing a stipulation and order with the Court provided the 

extension of time does not affect the motion cutoffs, final pretrial conference, or 

trial dates. Extensions or adjournments of dates other than the discovery cutoff 

will be considered upon the filing of a motion or stipulation setting forth in detail 

the factual basis for the request. 

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4. DISCOVERY MOTIONS: REQUIRED CONTACT WITH 

COURT PRIOR TO FILING A DISCOVERY MOTION: Discovery motions 

are not to be filed until the parties have complied with the following procedures: 

a. First: The parties must meet and confer in a good-faith effort to 

resolve their differences without Court intervention. E-mail 

correspondence alone is insufficient – counsel must speak to one 

another, either in person or via telephone. 

b. Second: In the event these good-faith efforts are unsuccessful, 

the moving party is required to schedule a telephonic conference 

with the Court in a further effort to try to resolve the discovery 

dispute prior to filing any motion. Counsel shall contact the 

Court’s Case Manager to schedule the conference. Prior to the 

conference each side shall submit (to the Case Manager) a onepage summary of the dispute. No party shall file ANY 

discovery motion unless and until the Court has conferred 

with the parties. 

c. If the dispute still cannot be resolved following the telephonic 

conference, the Court will entertain or refer to the assigned 

Magistrate Judge the relevant discovery motion. Attach to the 

motion a complete copy of the discovery request and response at 

issue. If the motion involves a deposition that has already taken 

place, provide a complete transcript. 

5. BRIEFING GUIDELINES AND REQUIREMENTS: The Court 

does not ordinarily set a briefing schedule for motions except for motions in limine

as described in this Scheduling Order. Unless specifically addressed in the Court’s 

Notice of Hearing, the time limits prescribed in Local Rule 7.1(e) apply for filing 

responses and replies to motions. Sur-replies are generally not permitted. 

Requests for extensions of time may be made by filing a concise stipulation and 

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order explaining the specific reasons why such an extension is necessary. Such a 

stipulation and order must be filed at least one week before a brief is due. 

All briefs shall strictly comply with Local Rules 5.1 and 7.1. The Court 

does not routinely grant requests to file longer briefs. Requests to file an oversized 

brief may be made by filing a concise stipulation and order explaining the specific 

reasons why such an extension is necessary. Such a stipulation and order must be 

filed at least one week before a brief is due. 

All briefs must contain a table of contents, a table of authorities, and an 

index. Counsel are discouraged from employing elaborate boilerplate recitations 

of the summary judgment standard or lengthy string citations in support of wellestablished legal principles. Instead, counsel should focus their analysis on a few 

well-chosen cases, preferably recent and from controlling courts. References in 

briefs to an argument or statement made by an opposing party must include a 

specific citation to the docket and page numbers of the matter referenced. 

6. COURTESY COPIES: A courtesy copy of all motions and briefs 

including exhibits must be sent to the chambers via First-Class Mail the same day 

the document is e-filed, or hand-delivered not later than the next business day after 

the document is e-filed. The courtesy copy should consist of the actual e-filed 

document and contain the electronic file stamp on the top of each page. The 

courtesy copy must be bound on the left side in a book-style manner. The Court 

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will not accept documents loosely secured with a rubber band or binder clip. 

Exhibits must be labeled and may be printed double sided. Relevant portions of 

exhibits must be highlighted. 

Along with the courtesy copy, the filing party must include copies of the 

main cases and other authority that support its legal position(s). The filing party 

must highlight the relevant portion(s) of these authorities. Counsel are encouraged, 

but not required, to include these authorities in a separate binder with a table of 

contents. 

7. NOTICE TO COURT OF RESOLUTION OF MOTION: If the 

parties have resolved an issue that is the subject of a pending motion, the parties 

must notify chambers in writing by the next business day. The parties may either 

e-mail the Court’s Case Manager or send a fax to chambers indicating that the 

issue has been resolved and that the parties no longer wish to move forward with 

the motion. 

8. CASE EVALUATION/FACILITATION: Parties may stipulate to 

case evaluation or mediation, or request a settlement conference with the Court at 

any time. In all cases, a brief status conference will be conducted shortly after the 

close of discovery to discuss settlement options.

9. MOTIONS IN LIMINE AND CHALLENGES TO EXPERTS: 

Motions in limine are to be filed by the date set forth in this Scheduling Order. 

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Response briefs to motions in limine are due ten (10) days after the motion is filed 

and reply briefs are due five (5) days after the filing of a response brief. Such 

motions are not to recast issues previously presented in summary judgment or 

discovery motions. Rather, motions in limine serve the limited purpose of alerting 

the Court to significant evidentiary issues that should be addressed prior to trial. 

The Court will generally decide motions in limine at the Final Pretrial Conference, 

but will exercise its discretion in deferring a decision until trial. 

Challenges to expert witnesses under FRE 702, 703, or 705 are due no later 

than the summary judgment deadline. 

10. JURY INSTRUCTIONS: The parties are to meet and confer prior to 

trial to prepare final jury instructions. The parties should make a concerted, good 

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

view to reaching agreement on a single stipulated set of final instructions. The 

parties are advised to consult Federal Jury Practice and Instructions (available on 

Westlaw in the FED-JI database) or Modern Federal Jury Instructions (available on 

Lexis in the MOFEJI database), and, to the extent that Michigan law governs, the 

Michigan Civil Jury Instructions. 

Final jury instructions (including any instructions in dispute) are to be 

submitted to the Court in the Joint Bench Book as described below. In addition, 

counsel should send copies to the Court’s Case Manager via electronic mail 

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(Holly_Monda@mied.uscourts.gov) in Microsoft Word format. 

11. JOINT FINAL PRETRIAL CONFERENCE, JOINT FINAL 

PRETRIAL ORDER, JOINT BENCH BOOK, AND EXHIBIT BINDERS:

Counsel should follow the guidelines below related to the Final Pretrial 

Conference, Joint Final Pretrial Order, Joint Bench Book, and Exhibit Binders:

a. Trial counsel must be present at the Joint Final Pretrial 

Conference and have settlement authority. 

b. The parties are to strictly adhere to Local Rule 16.2 in preparing 

a Joint Final Pretrial Order (“Joint Order”), except as this Court 

may otherwise provide. Briefly, Local Rule 16.2 requires that 

the Joint Order contain the following information: (1) 

jurisdiction, (2) plaintiff’s claims, (3) defendant’s claims, (4) 

stipulation of facts, (5) issues of fact to be litigated, (6) issues 

of law to be litigated, (7) evidentiary problems likely to arise at 

trial, (8) a witness list, (9) an exhibit list and any objections, 

(10) an itemization of damages, (11) type of trial (e.g., jury) and 

its estimated length, and (12) details regarding the most recent 

settlement effort. The parties are directed to Local Rule 16.2 for 

further details. The Final Pretrial Order must be submitted 

through the document utilities function of the CM/ECF no later 

than two (2) weeks before the date of the Final Pretrial 

Conference. 

c. Counsel are also to submit a Joint Bench Book and a courtesy 

copy of exhibit binders one (1) week prior to the Final Pretrial 

Conference. The parties should work together to complete the 

Joint Bench Book and it should include the following separately 

identified sections: 

1. Administrative Section 

a. Identify the parties, representatives, and attorneys, 

including firm names; 

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b. Estimate the length of trial in half-day blocks; and 

c. Give a brief description of any miscellaneous 

matters of which the Court should be aware, e.g., 

accommodations for disabled witnesses. 

2. Theory of the Case

a. Prepare a brief joint theory of the case to be used 

to advise the jury of the nature of the action. The 

Court will read this theory to the jury before voir 

dire. 

3. Voir Dire

a. List of inquiries specific to the cause(s) of action 

that each party would like the Court to make. As 

described more fully below, the Court will often 

permit parties to conduct limited voir dire 

following the Court’s questioning of potential 

jurors. 

4. Witness List

a. List witnesses reasonably expected to be called for 

each party, specifically identifying experts, 

including the anticipated length of direct and 

cross-examination of each witness. Addition of 

witnesses after the Final Pretrial Conference can 

only be done by stipulation or by motion upon the 

showing of good cause. 

5. Final Jury Instructions

a. A complete, single set of the proposed final jury 

instructions and verdict form on which the parties 

have reached agreement; and 

b. Any proposed instructions on which there is a 

disagreement. For each such instruction, the party 

proposing the instruction should include the 

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instruction and the authority supporting the 

instruction. The party opposing the instruction 

should include (1) an alternate instruction and/or 

(2) a concise statement explaining its objection to 

the proposed instruction, and the authority upon 

which it relies. 

6. Evidentiary/Legal Issues

a. Submit a statement of anticipated legal/evidentiary 

issues on which you believe the Court will need to 

rule during the course of trial. 

7. Trial Briefs

a. Each party should include a copy of its trial brief. 

8. Proposed Findings of Fact and Conclusions of Law

a. In non-jury trials, each party should separately 

include its proposed findings of fact and 

conclusions of law. 

d. In addition to the Joint Bench Book counsel are to prepare and 

submit to the Court at the Final Pretrial Conference a copy of 

separate exhibit binder(s) for each party. The exhibit binder(s) 

shall include: 

1. A table of proposed exhibits, indicating which are 

stipulated exhibits and which exhibits the parties are 

lodging objections; and 

2. Each exhibit included under a separate, identified tab. If 

the exhibits are voluminous (more than two large 4-inch 

binders), they should be submitted on disc. However, 

one physical copy must be present for the jury. 

12. VOIR DIRE AND CASE DESCRIPTION: It is the Court’s 

practice to conduct initial voir dire. The Court will allow additional voir dire by 

counsel on a limited basis and may permit such voir dire to be conducted by 

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counsel. In such instances, counsel must confine themselves to true voir dire and 

not engage in posturing or argument. While the Court has standard voir dire 

questions, counsel may submit a list of no more than fifteen (15) other inquiries 

specific to the cause(s) of action that they want the Court to include. Counsel shall 

also prepare a brief two-to-three paragraph joint statement of the case which will 

be read by the Court to the prospective panel of jurors prior to the commencement 

of voir dire. This statement should simply describe the nature of the claims and 

defenses in a general fashion and should not be argumentative. The voir dire 

materials and case statement should be submitted in the Joint Bench Book 

presented to the Court one week before the Final Pretrial Conference. They are 

also to be submitted to the Case Manager via e-mail 

(Holly_Monda@mied.uscourts.gov) in Microsoft Word format. 

13. EXHIBITS: 

a. Counsel are required to mark all proposed exhibits in advance 

of trial. The preferred method is to use the traditional 

“Plaintiff’s Exhibit” and “Defendant’s Exhibit” in sequential 

order, but any clearly marked method is acceptable (e.g., 

numbers and letters). The parties are required to exchange 

marked exhibits three (3) days prior to the start of trial. 

b. Counsel are required to keep track of all admitted exhibits 

during trial. Counsel must confer and maintain one set of 

admitted exhibits which should be ready to be turned over to 

the jury prior to the closing jury instructions. 

c. On the first day of trial, the parties are to provide the Court with 

a set of the marked exhibits. They are to be placed in a three2:15-cv-12107-MFL-MJH Doc # 10 Filed 09/04/15 Pg 10 of 12 Pg ID 54
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ring binder with the exhibit number displayed prominently on 

the tab corresponding to the exhibit. The binder should include 

an index which adheres to the following format: 

Exhibit # Description Received 

An “S” is to be placed in the column labeled “Received” 

for all stipulated exhibits. 

d. The provisions of Federal Rule of Civil Procedure 37(c)(1) will 

apply for failure to list an exhibit. 

14. CIVILITY: The Court expects compliance with this District’s 

Civility Principles. Conduct inconsistent with the letter, and spirit, of those 

principles will not be tolerated. Counsel will treat all litigation participants, and 

each other, with professionalism, courtesy, and respect at all times. This includes 

what is written as well as what is said. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: September 4, 2015 

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

and/or counsel of record on September 4, 2015, by electronic means and/or 

ordinary mail. 

 s/Teresa McGovern for 

Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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