Administrative Order
inre: Civility Principles Page 2

Judge. The Joint Standing Committee will meet as needed to consider civility issues
and further measures to promote civility and collegiality between attorneys and judicial
Officers.

EORSTHE COURT:

a,

émard A. Friedman
Chief Judge

Attachments


United States District Court Civility Principles
Eastern District of Michigan Page 5

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We will be considerate of the time constraints and pressures on the Court and
Court staff inherent in their efforts to administer justice.

We will not engage in conduct that brings disorder or disruption to the courtroom.
We will advise our clients and witnesses appearing in Court of the proper conduct
expected and required there and, to the best of our ability, prevent our clients and
witnesses from creating disorder or disruption.

We will not knowingly misrepresent, mischaracterize, misquote, or miscite facts or
authorities in any oral or written communication.

We will not send letters to the Court (whether addressed to the Court or copies of
letters to opposing counsel) that contain argument or criticize counsel in connection
with a pending action, unless invited or permitted by the Court or as appropriate
exhibits to Court filings, in which event a copy shall be provided to opposing
counsel in such a manner as to insure delivery to opposing counsel on that same
day that it is delivered to the Court.

Before dates for hearings or trials are set, or if that is not feasible, immediately after
such date has been set, we will attempt to verify the availability of necessary
participants and witnesses so we can promptly notify the Court of any likely
problems.

We will act and speak civilly to marshals, clerks, court reporters, secretaries and
law clerks with an awareness that they, too, are an integral part of the judicial
system.

Court's Responsibilities to Attorneys

We will endeavor to be courteous, respectful and civil to attorneys, parties and
witnesses. We will maintain control of the proceedings, recognizing that judges
have both the obligation and the authority to insure that all litigation proceedings
are conducted in a civil manner.

We will not employ hostile, demeaning or humiliating words in opinions or in written
or oral communications with attorneys, parties or witnesses.

We will be punctual in convening hearings, meetings and conferences; if delayed,
we will notify counsel, if possible.

The Court, recognizing the existence of family and business obligations of parties,

witnesses and attorneys, will attempt, in scheduling all hearings, meetings and
conferences, to be considerate of time schedules of attorneys, parties and

Approved February 5, 1996


United States District Court Civility Principles
Eastern District of Michigan Page 2

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Attorneys’ Responsibilities to Other Counsel

We will practice our profession with a continuing awareness that our role is to
advance the legitimate interest of our clients. In our dealings with others, we will
not reflect the ill feelings of our clients. We will treat all other counsel, parties and
witnesses in a civil and courteous manner, not only in court, but also in all other
written and oral communications.

We will not, even when called upon by a client to do so, abuse or indulge in
offensive conduct directed to other counsel, parties or witnesses. We will abstain
from disparaging personal remarks or acrimony toward other counsel, parties, or
witnesses. We will treat adverse witnesses and parties with fair consideration.

We will not encourage or knowingly authorize any person under our control to
engage in conduct that would be improper if we were to engage in such conduct.

We will not, absent good cause, attribute bad motives or improper conduct to other
counsel or bring the profession into disrepute by unfounded accusations of
impropriety.

We will not seek court sanctions without first conducting a reasonable investigation
and unless fully justified by the circumstances and necessary to protect our client's
lawful interests.

Wewill adhere to all express promises and agreements with other counsel, whether
oral or in writing, and will adhere in good faith to all agreements implied by the
circumstances or local customs.

When we reach an oral understanding on a proposed agreement or stipulation and
decide to commit it to writing, the drafter will endeavor in good faith to state the oral
understanding accurately and completely. The drafter will provide other counsel
the opportunity to review the writing. As drafts are exchanged between or among
counsel, changes from prior drafts will be identified in the draft or otherwise
explicitly brought to the attention of other counsel. We will not include in a draft
matters to which there has been no agreement without explicitly advising other
counsel in writing of the addition.

We will endeavor to confer early with other counsel to assess settlement
possibilities. We will not falsely hold out the possibility of settlement as a means
to adjourn discovery or to delay trial.

In civil actions, we will stipulate to relevant matters if they are undisputed and if no
good-faith advocacy basis exists for not stipulating.

Approved February 5, 1996


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

CIVILITY PRINCIPLES
Preamble

Anattorney's conduct should be characterized at all times by personal courtesy and
professional integrity in the fullest sense of those terms. In fulfilling our duty to represent
a client vigorously as attorneys, we will be mindful of our obligations to the administration
of justice, which is a truth-seeking process designed to resolve human and societal
problems in a rational, peaceful and efficient manner.

A judge's conduct should be characterized at all times by courtesy and patience
toward all participants. As judges we owe all participants in a legal proceeding respect,
diligence, punctuality and protection against unjust and improper criticism or attack.

Conduct that may be characterized as uncivil, abrasive, abusive, hostile or
obstructive impedes the fundamental goal of resolving disputes rationally, peacefully and
efficiently. Such conduct tends to delay, and often deny, justice.

The following standards are designed to encourage us, judges and attorneys, to
meet our obligations to each other, to litigants and to the system of justice, and thereby
achieve the twin goals of civility and professionalism, both of which are hallmarks of a
learned profession dedicated to public service.

We expect judges and attorneys will make a mutual and firm commitment to these
standards. Voluntary adherence is expected as part of a commitment by all participants
to improve the administration of justice throughout the Eastern District.

These standards shall not be used alone as a basis for litigation, sanctions or
penalties. However, nothing in these standards supersedes or detracts from existing
disciplinary codes or alters existing standards of conduct against which attorney
negligence or misconduct may be determined.

These standards should be reviewed and followed by all judges and attorneys

participating in any proceeding in the Eastern District. Copies may be made available to
clients to reinforce our obligation to maintain and foster these standards.

Approved February 5, 1996


United States District Court Civility Principles
Eastern District of Michigan Page 4

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appropriate in the presence of a judge.

We will not obstruct questioning during a deposition or object to deposition
questions unless appropriate under the applicable rules.

During depositions, we will ask only those questions we reasonably believe are
necessary for the prosecution or defense of an action.

We will carefully craft document production requests and/or interrogatories so they
are limited to those documents we reasonably believe are necessary for the
prosecution or defense of an action. We will not design production requests to
place an undue burden or expense on a party.

We will respond to document requests and interrogatories reasonably and not
strain to interpret the requests or interrogatories in an artificially restrictive manner
to avoid disclosure of relevant and non-privileged documents and information fairly
within the scope of the requests or interrogatories. We will not produce documents
or answer interrogatories in a manner designed to hide or obscure the existence of
particular documents or information.

We will base our discovery objections on a good-faith belief in their merit and will
not object solely for the purpose of withholding or delaying the disclosure of
relevant information.

When a draft order is to be prepared by counsel to reflect a court ruling, we will
draft an order that accurately and completely reflects the Court's ruling. We will
promptly prepare and submit a proposed order to other counsel and attempt to
reconcile any differences before the draft order is presented to the Court.

We will not ascribe a position to another counsel that counsel has not taken or
otherwise seek to create an unjustified inference based on counsel's statements or
conduct.

Unless specifically permitted or invited by the Court, or unless otherwise necessary,
we will not send copies of correspondence between counsel to the Court.

Attorneys' Responsibilities to the Court

Wewill speak and write civilly and respectfully in all communications with the Court.
We will be punctual and prepared for all Court appearances so that all hearings,

conferences and trials may commence on time; if delayed, we will notify the Court
and counsel, if possible.

Approved February 5, 1996


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN C. FAHNER, Estate of,

by SHIRLEY FAHNER, CIVIL ACTION NO. 08-cev-14344
As Personal Representative,
Plaintiff, DISTRICT JUDGE PAUL D. BORMAN
vs. MAGISTRATE JUDGE MONA K. MAJZOUB
WAYNE, COUNTY OF,
et al.
Defendants.

/

ORDER GRANTING DEFENDANTS’ EX-PARTE EMERGENCY MOTION TO
EXTEND DISPOSITIVE MOTION CUTOFF DATE (DOCKET NO. 145)

This matter is before the Court on Defendants’ Ex-Parte Emergency Motion To Extend
Dispositive Motion Cutoff Date filed on July 14, 2010. (Docket no. 145). The matter was referred
to the undersigned for determination pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket no. 147). The
Court dispenses with oral argument pursuant to E.D. Mich. LR 7.1(f). This motion is ready for
tuling.

Defendants move the Court to extend the current July 19, 2010 dispositive Motion cutoff date
by sixty days alleging that Plaintiff is not available to depose Wayne County employees until the
afternoon of July 21, 2010, Plaintiff has not yet served Defendant Bernadine Tuitt-Hill. The Court
granted Plaintiffs Motion For Substituted Service on Defendant Tuitt-Hill and extended the date by
which Plaintiff must accomplish the same. For these reasons the Court finds good cause to extend
the deadline for the filing of dispositive motions. Fed. R Civ. P. 16(b)(4). In light of the extension

to serve Defendant Tuitt-Hill, the Court will extend the dispositive motion deadline by 120 days.


UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

Lawyer’s Commitment of Professional Civility

A lawyer shall conduct him/herself in accordance with the standards of
professional integrity and personal courtesy set forth in the Civility Principles of
the United States District Court for the Eastern District of Michigan.

A lawyer shall honor and respect the Constitution of the United States, the judicial
system, the legal profession and will strive to uphold the dignity of each.

A lawyer shall be guided by a fundamental sense of integrity,
candor and fair play.

A lawyer shall abstain from disrespectful, disruptive and/or abusive behavior, and
will at all times act with dignity, decency and courtesy.

A lawyer shall seek to resolve and not prolong legal disputes, without lessening
your obligations to client interests.

A lawyer shall respect the time and commitments of others and will be diligent
and punctual in communicating with others and fulfilling in your own

responsibilities.

A lawyer shall exercise independent judgment and will not be guided by ill will,
deceit or avarice.

As a lawyer you shall further your profession’s dedication
to public service.

A lawyer shall strive to do honor to the search for truth and justice.

As a lawyer your word is your bond.

Incorporated into Civility Principles - December 3, 2007


United States District Court Civility Principles

Eastern District of Michigan Page 6
witnesses.

5) | We will make reasonable efforts to decide promptly matters presented to us for
decision.

6) While endeavoring to resolve disputes efficiently, we will be considerate of the time
constraints and pressures imposed on attorneys.

7) | We recognize that an attorney has a right and a duty to present a cause fully and
properly, and that a litigant has a right to fair and impartial consideration.

8) — Weill not impugn the integrity or professionalism of any attorney on the basis of
the clients whom, or the causes which, an attorney represents.

9) We will do our best to insure that Court personnel act civilly toward attorneys,
parties and witnesses.

10) Weill not adopt procedures that needlessly increase litigation expense.

11) Weill bring to an attorney's attention uncivil conduct which we observe.

Judges' Responsibilities to Each Other

1) We will be courteous, respectful and civil in opinions, ever mindful that a position
articulated by another judge is the result of that judge's earnest effort to interpret
the law and the facts correctly.

2) In all written and oral communications, we will abstain from disparaging personal
remarks or criticisms, or sarcastic or demeaning comments about another judge.

3) We will endeavor to work with other judges in an effort to foster a spirit of

cooperation in our mutual goal of enhancing the administration of justice.

Approved February 5, 1996


United States District Court Civility Principles
Eastern District of Michigan Page 3

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We will not use any form of discovery or discovery scheduling as a means of
harassment.

We will make good faith efforts to resolve by agreement our objections to matters
contained in pleadings, discovery requests and objections.

We will not time the filing or service of motions or pleadings in any way that unfairly
limits another party's opportunity to respond.

We will not request an extension of time solely for the purpose of unjustified delay
or to obtain tactical advantage.

We will consult other counsel regarding scheduling matters in a good-faith effort to
avoid scheduling conflicts.

We will endeavor to accommodate previously-scheduled dates for hearings,
depositions, meetings, conferences, vacations, seminars or other functions that
produce good-faith calendar conflicts on the part of other counsel. If we have been
given an accommodation because of a calendar conflict, we will notify those who
have accommodated us as soon as the conflict has been removed.

We will notify other counsel and, if appropriate, the Court or other persons, at the
earliest possible time when hearings, depositions, meetings or conferences are to
be canceled or postponed. Early notice avoids unnecessary travel and expense of
counsel and may enable the Court to use the previously-reserved time for other
matters.

We will agree to reasonable requests for extensions of time and for waiver of
procedural formalities, recognizing that it is the attorney, and not the client, who has
the sole discretion to determine the accommodations to be granted opposing
counsel in all matters not materially or adversely affecting the client's legitimate
rights. We will affirm that in such matters no client has a right to demand that his
or her counsel shall be illiberal or that we do anything therein repugnant to our own
sense of honor and propriety.

We will not cause any default or dismissal to be entered without first notifying
opposing counsel, when we know his or her identity.

We will take depositions only when actually needed to ascertain facts or information
or to perpetuate testimony. We will not take depositions for the purposes of
harassment or to increase litigation expenses.

We will not engage in any conduct during a deposition that would not be

Approved February 5, 1996


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In re: ‘Civility Principles Administrative Order

No. 08-AO- OOF

ADMINISTRATIVE ORDER

This Administrative Order supersedes Administrative Order 07-AO-011, in re:
Civility Plan.

A. Introduction

On October 4, 1993, the United States District Court for the Eastern District of
Michigan approved a Plan for the Reduction of Expense and Delay in Civil Cases as
provided in 28 U.S.C. § 471, etseq. Section VII(C) of that Plan stated that the Court would
request that the Federal Bar Association/Detroit Chapter (FBA) and the State Bar of
Michigan propose a Civility plan to the Court. The FBA and the U.S. Courts Committee of
the State Bar of Michigan made recommendations which were considered by the Court.

B. Adoption of Civility Principles

On February 5, 1996, the Court adopted the attached Civility Principles.

On November 5, 2007, on the recommendation of the Joint Standing Committee on
Civility, the Court approved a “Lawyer's Commitment of Professional Civility” to be

included with the Civility Principles.

The Civility Principles are included as an Appendix to the Local Rules of the United
States District Court for the Eastern District of Michigan.

C. Distribution of Principles and New Member Certification

The Clerk of the Court will distribute a copy of the Civility Principles to any attorney
who applies for admission to practice before the Court. The application for admission to
practice before the Court also includes a certification that the applicant has read and will

abide by the Civility Principles.

D. Joint Standing Committee

A Joint Standing Committee shall be selected/designated by the Chief Judge and
will consist of two judicial officers, one representative of the FBA, one representataive of
the State Bar of Michigan, and at least two other members as designated by the Chief


PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Counsel of Record on this date.

Dated: July 28, 2010 s/ Lisa C. Bartlett
Case Manager

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Defendants sought concurrence in their Motion to Extend and allege that Plaintiff's counsel
did not concur in the relief requested. The Court points out that the parties have been able to
accomplish little in this matter without the involvement of the Court, as evidenced by the length of
the docket. The Court attaches hereto the Civility Principles of the United States District Court for
the Eastern District of Michigan, adopted by Administrative Order No. 08-AO-009, and included
as an Appendix to the Local Rules of the Eastern District of Michigan. The Court reminds counsel
for all the parties that adherence to these principles “is expected as part of a commitment by all
participants to improve the administration of justice throughout the Eastern District” and that these
principles “should be reviewed and followed by counsel participating in any proceeding in the
Eastern District.” Preamble, Civility Principles, Eastern District of Michigan.

IT IS THEREFORE ORDERED THAT Defendants’ Ex-Parte Emergency Motion To
Extend Dispositive Motion Cutoff Date (docket no. 145) is GRANTED and the deadline for filing
dispositive motions is extended by 120 days to November 16, 2010.

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of
this Order within which to file any written appeal to the District Judge as may be permissible under
28 U.S.C. 636(b)(1).

Dated: July 28, 2010 s/ Mona K. Majzoub

MONA K. MAJZOUB
UNITED STATES MAGISTRATE JUDGE

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