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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

KELLY G. PACIFICO, 

Plaintiff, Case No. 15-cv-11841 

Hon. Matthew F. Leitman 

v. 

NATIONSTAR MORTGAGE, LLC, et al., 

Defendants. 

_________________________________________________________________/ 

ORDER TO ATTEND SCHEDULING CONFERENCE AND NOTICE OF 

REQUIREMENTS FOR SUBMISSION OF DISCOVERY PLAN 

The parties are hereby directed to appear for a Case Management and 

Scheduling Conference (the “Conference”) on Thursday, April 6, 2017, at 11:30 a.m.

in the chambers of Judge Matthew F. Leitman, 231 West Lafayette Blvd., Room 251, 

Theodore Levin U.S. Courthouse, Detroit, Michigan. 

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 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. If any party 

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is proceeding without counsel, separate Plans may be filed. 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. Related Cases: Identify any pending related cases or 

previously adjudicated related cases. 

2. Jurisdiction: Explain the basis of the Court’s subject-matter 

jurisdiction over the Plaintiff’s claims and Defendant’s counter-claims. 

Plaintiff should also identify any pendent state law claims. If any Defendants 

remain unserved, explain the plan to complete service. 

3. Factual Summary: Provide a brief description of the nature 

of the action and a brief summary of Plaintiff’s claims and Defendant’s 

defenses. Identify the core, dispositive factual issues. 

4. Legal Issues: Identify the legal issues genuinely in dispute. 

Also identify any dispositive or partially dispositive issues appropriate for 

decision by motion. 

5. Amendment of Pleadings: Identify any anticipated 

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

6. 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. 

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7. 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. 

8. 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. 

9. 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. 

10. 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. 

11. 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. 

 

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Counsel should appear at the scheduling conference and be prepared to 

address these Agenda Items. For good cause, however, the Court will consider 

conducting the Conference by telephone. Requests for a telephonic conference are 

to be directed to the Case Manager. 

IT IS SO ORDERED. 

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: March 7, 2017 

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

and/or counsel of record on March 7, 2017, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

 

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