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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Adil Shafi,

Plaintiff(s),

Case No: 09-10454

vs Honorable Victoria A. Roberts

Braintech Inc., et al,

Defendant(s).

________________________________/

SCHEDULING ORDER (PHASE II)

PLEASE DOCKET IMMEDIATELY:

NO FURTHER NOTICE OF THESE DATES WILL BE SENT

1. Discovery cutoff;

2. Dispositive Motion requirements;

3. Setting Date for filing of Final Pretrial Order;

4. Setting date of Final Pretrial Conference;

5. Setting Trial date;

6. Providing for content of Final Pretrial Order and describing

material to be prepared and to be made available to the 

Court and counsel; and

7. Setting forth brief format requirements.

1. Discovery cutoff: 10/29/10 .

2. Dispositive Motions must be filed by: 11/19/10 .

When filing motions for summary judgment, parties shall proceed in accordance with the

following:

A. Before filing a motion for summary judgment or responding to such a motion, the

parties are urged to familiarize themselves with Celotex Corp.v Catrett, 477 U.S. 3l7 (l986),

Anderson v Liberty Lobby, Inc. 477 U.S. 242 (l986) and Matsushita Electric Industrial Co. Ltd.

v Zenith Radio Corp. 475 U.S. 574 (l986). An excellent summary of these cases appears in

Street v J.C. Bradford & Co., 886 F.2d l472 (6th Cir. l989). See also Schwarzer, Summary

Judgment under the Federal Rules: Defining Genuine Issues of Material Fact, 99 F.R.D. 465

(l984).

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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. 

The appendix shall contain an index and shall be tabbed.

C. Counsel are discouraged from employing elaborate boilerplate recitations of the

summary judgment standard or lengthy string citations in support of well established legal

principles. Instead, counsel should focus their analysis on a few well chosen cases, preferably

recent and from controlling courts. For cases and other sources cited, the briefs should contain a

link to the citation. Cases should not be attached. 

D. The Court cautions the parties that it is not the Court's function to “figure out” what

evidence they rely upon in support of claims or defenses. It is incumbent upon the parties to

make substantive arguments, with specific references to the record, in support of each claim or

defense asserted. 

1. Response briefs must be filed and in opposing counsel’s hands by: 12/10/10 .

2. Reply briefs must be filed and in opposing counsel’s hands by: 12/17/10 . 

4. Deadline for filing motions in limine to exclude expert testimony

(“Daubert motions”): N/A .

5. Case Evaluation: N/A .

(Case evaluation shall occur approximately four to six weeks before the Settlement

Conference.)

 Parties stipulate to case evaluation sanctions and costs.

 Parties do not stipulate to case evaluation sanctions and costs.

6. Final Settlement Conference date and time: 3/23/11 at 2:00 pm . 

Parties must exchange settlement offers, in writing, prior to the Settlement Conference,

and discuss them prior to the conference.

At the conference, parties (and insurance company representatives) must appear and must

have full settlement authority. Such persons and entities are further ordered to prepare for and

participate in the settlement conference in objective good faith. For the Defendant, the

representative must have final authority, in the representative's own discretion, to pay a

settlement amount up to Plaintiff's last demand. If this representative is an insurance company,

the representative must have final authority to commit the company to pay, in the

representative's own discretion, an amount up to the Plaintiff's last demand if within policy

limits, or if not within policy limits, the limits of the policy, whichever is lower.

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 For a Plaintiff, such representative must have final authority, in the representative's own

discretion, to authorize dismissal of the case with prejudice, or to accept a settlement amount

down to Defendant's last offer, whichever is higher. 

SANCTIONS WILL BE IMPOSED IF THE PARTY WITH FULL SETTLEMENT

AUTHORITY FAILS TO APPEAR.

7. Deadline for filing Joint Pretrial Order: 4/6/11 .

8. *Deadline for filing all other Motions in Limine: 4/6/11 .

9. *Deadline for filing Responses to Motions in Limine: 4/13/11 . 

10. Final Pretrial Conference Date and Time: 4/20/11 at 2:00 pm .

Trial counsel must be present at the Final Pretrial Conference.

11. Hearing on Motions in Limine: 4/20/11 at 2:00 pm .

12. Trial date and time: 5/10/11 through 5/13/11 at 9:00 am .

Jury Trial X 

Non Jury Trial 

PLEASE NOTE THE FOLLOWING:

1. The parties may not stipulate to extend any dates.

2. Briefing Schedule: Unless specifically addressed in this Order, the local court rules

apply for filing responses and replies to motions.

3. All briefs shall comply strictly with LR 7.1 (Statement of Issues, Statement of

Controlling/Most Appropriate Authority), and, in addition, must contain a Table of

Contents, an Index of Authorities and an Index of Exhibits. The Exhibits must be tabbed.

For cases and other sources cited, the briefs should contain a link to the citation. Cases

should not be attached. Counsel are to highlight relevant portions of exhibits to

which the Court’s attention should be directed. Furthermore, the format requirements

as set forth in LR 5.1 must be strictly adhered to. A courtesy copy of all motions and

briefs must be submitted directly to Judge Roberts’ chambers.

4. Motion hearings: Pursuant to L.R. 7.1(e)(2), the Court will decide motions on the briefs

filed, UNLESS the Court issues a Notice of Motion Hearing.

5. Bench trials: Findings of Fact and Conclusion of Law are to be submitted on the first

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day of trial.

* Motions in Limine can be filed in Bench Trials only with leave of court.

THE ABOVE CONSTITUTES AN ORDER OF THIS COURT.

 /s/ Victoria A. Roberts 

Dated: 9/17/10 Honorable Victoria A. Roberts

United States District Judge

(Revised: 3/08)

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