UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

ROBERT MANN, 

 Plaintiff, Case No. 15-cv-12736 

v Honorable Thomas L. Ludington 

WASTE MANAGEMENT OF MICHIGAN, Inc., 

 

 Defendant. 

__________________________________________/ 

ORDER REJECTING PROPOSED STIPULATED ORDER 

Plaintiff Robert Mann commenced the above-captioned action by filing his complaint on 

August 4, 2015. ECF No. 1. Mann alleges that his former employer, Defendant Waste 

Management of Michigan, terminated his employment in violation of the Persons with 

Disabilities Civil Rights Act, MCL 37.1101, et seq., the Americans with Disabilities Act, 42 

U.S.C. § 12112(a), and the Elliot-Larsen Civil Rights Act, MCL 37.2101, et seq. Id. An initial 

scheduling order was issued on October 5, 2015. Pursuant to a stipulation by the parties, the 

Court ordered a 30-day extension to the scheduling order on December 29, 2015. 

In the attached proposed stipulated order, the parties seek a 75-day extension to the 

current scheduling order, explaining that they have scheduled facilitation with Judge James J. 

Rashid on April 29, 2016. Under Federal Rule of Civil Procedure 6(b)(1), extensions should 

only be granted for good cause. Furthermore, as explained in the Judge’s practice guidelines, the 

Court along with the parties are responsible for advancing cases toward prompt and just 

resolutions. 

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The parties have not shown that a 75-extension of the scheduling order is necessary, or 

why they are unable to conduct discovery prior to facilitation. The parties have already been 

granted an extension of over 30 days in this matter. Furthermore, as the scheduling order 

currently stands, the parties will have over two weeks to prepare dispositive motions in the event 

that the April 29, 2016 facilitation is unsuccessful. 

Accordingly, it is ORDERED that the stipulation seeking a second extension of the 

scheduling order is REJECTED. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: February 26, 2016 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on February 26, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

ROBERT MANN, 

Plaintiff, 

vs. 

WASTE MANAGEMENT OF 

MICHIGAN, INC., a corporation, 

Defendant. 

CASE NO. 1:15-CV-12736 

HON. THOMAS L. LUDINGTON 

MAG. PATRICIA T. MORRIS 

SARAH S. PRESCOTT (P70510) 

DEBORAH GORDON LAW 

Gordon & Prescott 

33 Bloomfield Hills Parkway 

Suite 220 

Bloomfield Hills, Michigan 48304 

Telephone: (248) 258-2500 

Facsimile: (248) 258-7881 

sprescott@deborahgordonlaw.com 

Attorneys for Plaintiff 

WILLIAM B. BALKE (P35272) 

RACHEL M. ENOCH (P76473)

LITTLER MENDELSON PLC

200 Renaissance Center 

Suite 3110 

Detroit, Michigan 48243 

Telephone: (313) 446-6403 

 (313) 202-3257 

Facsimile: (313) 446-6405 

wbalke@littler.com 

renoch@littler.com 

Attorneys for Defendant

STIPULATED ORDER EXTENDING SCHEDULING ORDER DATES 

 The parties have been exchanging settlement demands/offers in this matter. 

In order to determine if the matter can be resolved, the parties have recently agreed 

on a facilitation process, and further have agreed on a facilitator, Ret. Judge James 

J. Rashid. Both parties have had consistent success settling matters with Judge 

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Rashid’s assistance, and have obtained consent of their clients to retain him for 

facilitation. However, Judge Rashid’s schedule is such that the parties cannot 

facilitate with him until April 29, 2016. The parties propose to stay activity in the 

case until this facilitation, in the hopes of devoting the savings to maximizing the 

chance for settlement. This case has had one discovery extension to date. 

 Accordingly, upon consideration of the stipulation of the parties by their 

undersigned counsel and the Court being fully advised in the premises: 

IT IS HEREBY ORDERED that discovery is stayed pending facilitation.

 IT IS FURTHER ORDERED that following facilitation, if the matter is 

not resolved, the parties shall have until Friday July 1, 2016to complete discovery. 

 IT IS FURTHER ORDERED that a revised Scheduling Order will be 

entered extending the dispositive motion deadline by at least 30 days from the 

discovery cut-off, and extending all other dates in the current Scheduling Order 

(ECF #10 and 11) proportionally as determined by the Court. 

 IT IS FURTHER ORDERED that following the facilitation, Plaintiff shall 

contact the Court to advise of the status of the case. 

IT IS SO ORDERED. 

DATED:  ______________ Hon. Thomas L. Ludington

United States District Court Judge

The undersigned stipulate to the entry of the above Order: 

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DEBORAH GORDON LAW 

/s/ Sarah S. Prescott 

SARAH S. PRESCOTT (P70510) 

33 Bloomfield Hills Parkway, Suite 

220 

Bloomfield Hills, Michigan 48304 

Telephone: (248) 258-2500 

sprescott@deborahgordonlaw.com 

Attorneys for Plaintiff

LITTLER MENDELSON PLC 

/s/ William B. Balke (with consent) 

WILLIAM B. BALKE (P35272) 

RACHEL M. ENOCH (P76473) 

LITTLER MENDELSON PLC 

200 Renaissance Center, Suite 3110 

Detroit, Michigan 48243 

Telephone: (313) 446-6403/202-

3257; Facsimile: (313) 446-6405 

wbalke@littler.com/renoch@littler.com 

Attorneys for Defendant

DATED: February 17, 2016 DATED: February 17, 2016

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