(Rev 10/28/2015) UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

HEMLOCK SEMICONDUCTOR 

CORPORATION, ET AL., 

 Plaintiffs/Counter Defendants, 

 Case Number 15-cv-11236 

v. 

 Honorable Thomas L. Ludington 

KYOCERA CORPORATION, 

 Defendant/Counter Claimant. 

 / 

CASE MANAGEMENT AND SCHEDULING ORDER 

 

 

YOU WILL RECEIVE NO FURTHER NOTICE OF THESE DATES

Initial Disclosures Exchanged By: 

Expert Disclosure, plaintiff: 

Expert Disclosure, defendant: 

Pretrial Disclosures: 

Discovery Cutoff: 

Settlement Conference: 

Motions Challenging Experts Filed By: 

Dispositive Motions Filed By: 

Motions in limine Filed By: 

Final Pretrial Conference: 

Trial Date: 

April 29, 2016

June 15, 2016 

July 13, 2016

November 17, 2016

August 15, 2016 

 August 4, 2016 at 2:00 pm 

August 29, 2016

September 15, 2016

December 7, 2016 

January 4, 2017 at 2:00 pm 

January 17, 2017 at 8:30 a.m. 

Jury Trial 

Detailed information contained in body of order. Read Carefully: 

SOME DEADLINES MAY BE SHORTER than Local Rules would allow. 

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

in this cause shall be in conformity and accordance with Fed. R. Civ. P. 6(a). 

II. DISCOVERY. 

A. Discovery Plans. The Court encourages Rule 26 discovery plans agreeable to all parties 

provided that the plan contemplates prompt organization of the case. Disclosure required 

by Fed. R. Civ. P. 26(a)(1)(A), (B) and (C) shall be served on opposing counsel, but not 

filed with the Clerk, on or beforeApril 29, 2016. 

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B. Initial Disclosures. Disclosure of information regarding expert witnesses required by Fed. 

R. Civ. P. 26(a)(2) shall be made as follows: disclosure of an expert witness’s identity 

under Rule 26(a)(2)(A) shall be made within three (3) business days of the expert’s 

retention; other disclosures under Rule 26(a)(2)(B) and (C) shall be served on opposing 

counsel, but not filed with the Clerk, by plaintiff on or before June 15, 2016 and by 

defendant on or before July 13, 2016.

C. Limitations on Filing Discovery. The parties are reminded that Fed. R. Civ. P. 5(d) 

and E.D. Mich. LR 26.2 prohibit the filing with the clerk depositions, interrogatories, 

requests for the production of documents, requests for admission, responses to such 

discovery material, and certificates of service except as provided for in Local Rule 

26.2. Additionally, disclosures under Rule 26(a)(1) and (2), the corresponding 

discovery requests and responses must not be filed with the Clerk until they are used 

in the proceedings or the Court orders them to be filed pursuant to Local Rule 26.2. 

See Fed. R. Civ. P. 5(d). 

D. Trial Disclosures. A list in the form required by Fed. R. Civ. P. 26(a)(3)(A) and (B) of the 

witnesses, both lay and expert, whom a party may call to testify, shall be filed with the 

Clerk and served on opposing counsel on or before November 17, 2016. Under Fed. R. 

Civ. P. 26(a)(3)(B) these disclosures are to be made at least 30 days before trial. Pursuant 

to this Order they are not to be made prior to the close of discovery. Note that these 

disclosures are different from those made under Fed. R. Civ. P. 26(a)(1)(A), (B), and (C). 

E. Discovery Cutoff. Discovery shall be completed on or before August 15, 2016. This 

Court will not order supplemental discovery to take place subsequent to the discovery 

cutoff date, but the Court will reach the merits of discovery motions, including motions to 

compel, that were filed before the cutoff date. Discovery may be extended both before 

and after the discovery cutoff date by agreement of the parties if the extension of time 

does not affect the motion cutoff, final pretrial conference, or trial dates. Typically, the 

dispositive motion cutoff date must be at least 90 days before the final pretrial conference 

to ensure any motions are resolved at least ten days before the final pretrial conference. 

See E.D. Mich. L.R. 16.1(f). 

 F. Discovery motions may be referred to the magistrate judge. Once a motion has been 

referred, all communication regarding that motion should be directed to the magistrate 

judge’s chambers. 

III. MOTIONS CHALLENGING EXPERT WITNESSES. 

A. The deadline for filing motions challenging the admissibility of expert witness testimony 

pursuant to Fed. R. Evid. 702, 703 or 705 is August 29, 2016. 

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 B. All such motions should include specific references to the witness’s deposition and to all 

other record material needed to establish the foundation for the motion. The full text of 

any unpublished source cited should be filed with the Court as an appendix. The appendix 

shall contain an index. As to cited deposition testimony, counsel are also encouraged to 

supply the Court with a transcript of cited page(s) together with sufficient accompanying 

pages to provide context. All citations must have page references. 

IV. DISPOSITIVE MOTIONS. Dispositive motions shall be filed on or before September 15, 

2016. No party may file more than one motion for summary judgment or motion to dismiss 

without obtaining leave of court. Challenges to multiple counts of a complaint shall be 

brought in a single motion. When filing dispositive motions, parties shall proceed in 

accordance with the following: 

A. The parties are encouraged to clearly identify the type of motion being filed. The Federal 

Rules governing motions to dismiss and motions for summary judgment are not 

interchangeable. 

B. Facts stated in the statement of material facts must be supported with citations to either the 

pleadings, interrogatories, admissions, depositions, affidavits, or documentary exhibits. 

Entire depositions transcripts, however, generally should not be included as exhibits. 

Rather, counsel should submit the relevant pages along with enough accompanying 

material to provide context. The full text of any unpublished source, including 

unpublished opinions or opinions published only in a specialty reporter, should also be 

included as exhibits. There must be an index of the exhibits. 

C. The Court Clerk will send out a notice of the hearing date. The Court does not issue a 

briefing schedule. The Court enforces the response and reply due dates as set forth in L.R. 

7.1(e) and Fed. R. Civ. P. 6, even when the motion hearing is set in advance of the 

completion of briefing. 

D. One “courtesy” or “chambers” copy of all dispositive motion papers, as defined in E.D. 

Mich. LR 7.1(e)(1)(A), (including responses and replies) and all accompanying exhibits 

must be submitted directly to the judge’s chambers. Exhibits must have labels attached 

which extend beyond the right side of the paper and all papers firmly bound along the left 

margin (“book-style”). Courtesy copies that do not comply with formatting requirements, 

including exhibit tabs and book-style binding, will be returned for reformatting before 

they will be considered. 

 

 E. The chambers copy must be sent via first class mail the same day the document is e-filed, 

unless it relates to a court proceeding scheduled within the next five days or otherwise 

requires the immediate attention of the Court, in which case the chambers copy must be 

hand-delivered to chambers not later than the morning of the next business day after the 

document is e-filed. 

 

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V. MOTIONS IN LIMINE must be filed by December 7, 2016. It is the intention of the Court 

that all motions in limine and responses shall be received by the final pretrial conference date, 

therefore counsel must strictly adhere to the deadlines set forth in L.R. 7.1(d)(2). Counsel 

should be prepared to address motions in limine at the final pretrial conference. 

VI. MOTION PRACTICE AND ORAL ARGUMENT. 

A. General Practice. Motions shall be clear and succinct. Briefs in support of motions must 

conform to the requirements of L.R. 7.1(d), and, in addition, shall contain a concise 

statement of facts supported by references to the record. 

B. Courtesy Copies. A courtesy copy of nondispositive motion papers (including any 

responses and replies) that contain extensive exhibits must be submitted directly to 

judge’s chambers. Exhibits must have labels attached which extend beyond the right side 

of the paper and all papers firmly bound along the left margin (“book-style”). Courtesy 

copies that do not comply with formatting requirements, including exhibit tabs and bookstyle binding, will be returned for reformatting before they will be considered. 

C. Motion Hearings. The Court Clerk will send out a notice of the hearing date. The Court 

does not issue a briefing schedule. Responses and replies shall be filed according to the 

schedule set forth in L.R. 7.1(e) and Fed. R. Civ. P. 6. The Court will cancel oral 

argument if, after a review of the briefs, the Court finds that argument would be neither 

necessary nor helpful. 

D. Prohibition on Embedded Motions. Motions may not be included within or appended to a 

response or a reply, and under no circumstances may a motion be included within the text 

or footnotes of another motion. See L.R. 7.1(d)(1). 

VII. E-FILING. 

A. All attorneys should become familiar with the CM/ECF Policies and Procedures, which 

can found as an Appendix to the Local Rules. 

B. An order to show cause why an attorney should be excused from mandatory electronic 

filing will issue against any attorney who disregards registering as a user of this District’s 

electronic document filing system. 

C. Please note that Federal Rule of Civil Procedure 5.2 requires the parties to redact certain 

information, including social-security numbers and birth dates, from electronically filed 

papers. It is the parties’ responsibility to maintain compliance with this rule and neither 

the Clerk’s Office nor the Court reviews papers to ensure personal information has not 

been made public. 

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D. Note that the Local Rules distinguish between submitting and filing documents. 

Documents that are to be submitted must be furnished to the Court through the Utilities 

function of CM/ECF. Documents that are to be filed must be entered on the docket. 

Documents improperly filed on the docket will be stricken with direction that they be 

properly resubmitted.

VIII. ALTERNATIVE DISPUTE RESOLUTION. 

A. Case Evaluation. If the parties opt to participate in case evaluation pursuant to Michigan 

Court Rule 2.403, a stipulation for case evaluation should be submitted to the Court. 

Stipulations must state that the parties agree to be bound by all of the provisions of Mich. 

Ct. R. 2.403, including the provisions regarding sanctions. It is the responsibility of the 

attorneys to make sure that case evaluation is completed before the final pretrial 

conference. 

B. Facilitation. Facilitative mediation is a very effective method for case resolution and 

strongly encouraged. An experienced facilitator should be employed. This process can be 

used at any time during the litigation, but is most beneficial after the majority of the 

discovery is completed and before dispositive motions are filed. The parties may arrange 

for facilitation without contacting chambers. Alternatively, Judge Ludington encourages 

facilitation with the Magistrate Judges. 

IX. SETTLEMENT CONFERENCE: The settlement conference is set for August 4, 2016 at 2:00 

pm. 

A. Judge Ludington’s practice is to focus on the law applicable to the case and what counsel 

have learned about the facts in dispute during discovery. The parties will then be 

encouraged to assess the probability of different results and the associated economic 

implications. Negotiations will be encouraged, but Judge Ludington does not meet with 

either party without the opposing party present. 

B. Persons Required to Attend. The following person and entities shall personally attend the 

settlement 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 which has undertaken the prosecution or 

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

action. 

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C. Representatives must possess full authority to engage in settlement discussions and to 

agree upon a full and final settlement. 

X. FINAL PRETRIAL CONFERENCE. The final pretrial conference shall take place on 

January 4, 2017 at 2:00 pm. Trial counsel for each party must attend. A representative of 

each party must also attend. The following is the procedure counsel are to utilize to prepare 

for the final pretrial conference: 

A. Meet and Confer. Counsel for all parties are directed to confer in order to (1) reach any 

possible stipulations narrowing the issues of law and fact and (2) coordinate the 

identification of documents that will be offered in evidence at the trial. It shall be the duty 

of counsel for plaintiff to initiate that meeting and the duty of other counsel to respond to 

plaintiff’s counsel and to offer their full cooperation and assistance. 

B. Proposed Joint Jury Instructions. The parties are to provide to chambers a single set of 

proposed jury instructions at least one week before the Final Pretrial Conference. The 

proposed jury instructions should reflect both the instructions that the parties agree on and 

the instructions that they do not, with alternative instructions and supporting legal 

authority. Each instruction shall contain references to authority (e.g., “Devitt and 

Blackmar, Section 11.08”). Counsel are also to propose a summary of claims and a 

summary of defenses, and counsel are responsible for all instructions related to their 

specific claims or defenses. The proposed jury instructions shall be submitted to chambers 

before the close of business. 

C. Other Pretrial Matters. 

1. At least ONE WEEK prior to the final pretrial conference all counsel shall furnish to 

the court the following in proper form: 

i. In jury cases, any requests for VOIR DIRE shall be submitted through the utilities 

function of CM/ECF. 

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

the jury during opening instructions shall be submitted through the utilities 

function of CM/ECF. 

iii. In non-jury cases, proposed FINDINGS OF FACT and CONCLUSIONS OF LAW

shall be submitted through the utilities function of CM/ECF and trial briefs shall 

be filed on the docket. 

2. If there are any disputes requiring determination in advance of trial,1

 they should 

specifically be called to the Court’s attention no later than the date of submission of 

the final pretrial order. 

 

 1 This includes motions in limine, disputes over specific jury instructions or the admissibility of 

any evidence at trial upon which the parties desire to present authorities and argument to the Court. 

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3. Requests for adjournment of the final pretrial conference should be made in 

accordance with section XIII of this Order. 

XI. TRIAL. Trial shall commence on 01/17/2017 at 8:30 a.m.

XII. EXHIBITS DURING TRIAL. 

 A. Any party intending to use electronic aids to display evidence at trial shall disclose that 

intention to the Court and all other parties at or before the final pretrial conference. The 

parties are encouraged to contact the Court’s information technology department if they 

plan on using electronic exhibits. The Court requires full disclosure to opposing counsel 

of computer-generated visual or animated evidence and full disclosure of underlying data. 

B. One week prior to trial counsel shall submit an exhibit list. Counsel are required to mark 

all proposed hard-copy exhibits in advance of trial; any clearly marked method is 

acceptable. A consecutive numbering system should be used by each party. Numbers 

used by one party shall not be used by other parties. Two copies of exhibit binders should 

be provided to the Court on the first day of trial. If exhibits are voluminous, exhibits used 

for each witness should be bound separately. 

C. Counsel are required to keep track of all admitted exhibits during trial. Counsel must 

confer and purge from one set of binders or files all exhibits not admitted during the 

course of trial. Such exhibits should be ready to be turned over to the jury foreperson 

prior to closing jury instructions so that jury deliberations are not delayed. 

D. It is the responsibility of the parties to see that the record is complete at the conclusion of 

trial in accordance with the Local Rules. 

XIII. SCHEDULING ORDER CHANGES. 

All requests for extension of time or modification of the scheduling order shall be made in 

writing to the Court setting forth good cause, see Fed. R. Civ. P. 16(b), in a (1) stipulation by 

the parties with a proposed order or (2) motion that states that concurrence was sought and 

refused. The Court will consider the persuasiveness of the reasons for the extension and the 

overall reasonableness of the request, including its effect on the other dates in the scheduling 

order. 

XIV. ATTORNEY ADMISSIONS. 

Local Rule 83.20 governs attorney admissions and outlines requirements for the admission of 

out-of-state counsel who wish to practice in this District. All inquiries regarding admission to 

the Eastern District must be directed to the Clerk’s Office at (989) 894-8800. 

 

 

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XV. PROTECTIVE ORDERS AND FILING UNDER SEAL. 

 A. The rules for entry of a protective order and filing documents or other information under 

seal are distinct. Compare E.D. Mich. L.R. 26.4 with E.D. Mich. L.R. 5.3. 

 B. Protective orders should generally be submitted by stipulation, and cover information the 

parties agree is confidential or privileged. However, a stipulated protective order will not 

be entered if it requires that information covered by the order be filed under seal. Each 

document or exhibit that a party wishes to file under seal will be reviewed independently 

pursuant to the standards of Local Rule 5.3. 

 

 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: April 15, 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 April 15, 2016. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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