STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
,
Plaintiff(s), CASE NO.
-vs- JUDGE JOSEPH J. FARAH
, SCHEDULING ORDER
Defendant(s).
______
PRESENT: HONORABLE JOSEPH J. FARAH, CIRCUIT JUDGE
Pursuant to MCR 2.410, the Court considered and otherwise orders the following:
PLEADINGS:Factual issues not stated or raised in the pleadings on file are waived unless raised within 60 days from the date of this Order. Pleadings are to be complete and in order.
WITNESS LISTS:Witness Lists and Proof of Service must be filed on or before . Failure to comply with this paragraph may result in the exclusion of the witness(es) at trial or other appropriate sanctions may be imposed. MCR 2.401.
EXHIBIT LISTS:Exhibit Lists (and or stipulations as to exhibits) and Proof of Service must be filed on or before . All exhibits must be marked and exchanged with opposing counsel by the settlement conference date; proof of service to be filed with the Court. Each counsel shall seek concurrence from other counsel for introduction of exhibits. Failure to comply with this paragraph may bar the introduction of the exhibit(s) at trial or other appropriate sanctions may be imposed.
DISCOVERY:Discovery must be completed by . All discovery requests are to be made so that a timely response would be within the close of discovery. An independent medical examination must be completed before the end of discovery, if desired, and a complete copy of the independent medical examiner's report must be served on opposing counsel 15 days before the end of discovery.
ALTERNATE DISPUTE RESOLUTION: The Court has determined that this case is appropriate for facilitative mediation in accordance with MCR 2.411. Mediation shall be conducted in accordance with the attached Order for Mediation. The parties shall advise the ADR clerk of the agreed upon mediator by and mediation shall be completed by . Parties with authority to settle (including insurance adjusters) must attend the mediation proceedings. The current roster of approved mediators for 7th Circuit Court may be found at http://www.gc4me.com/departments/circuit_court_7th/adr_program.php. In the event this case is not resolved through mediation, the case will proceed to case evaluation. The Court has determined that this case is not an appropriate case for mediation in accordance with MCR2.411.
MOTIONS:Dispositive motions are to be filed and heard on or before . All motions for summary disposition must comply with MCR2.116 and MCR2.119, and must be accompanied by written proposed findings of fact and proposed findings of law. Motions and briefs may not exceed 20 pages and pertinent testimony must be cited within the 20 pages of your brief. Deposition transcripts may be attached; however, page numbers must be indicated in the motion/brief and the pertinent testimony must be highlighted within the transcript. Motions in limine are to be filed and heard no later than three weeks prior to commencement of trial. Failure to comply means that the brief will not be considered.
Judge Farah hears civil motions on Mondays at 10:00 a.m. Dates for dispositive motions (including adjourned dates) must be approved by Judge Farah's office prior to filing the motion or re-notice of hearing. Counsel should contact our office to reserve a date well in advance of the cutoff date as Judge Farah caps the number of dispositive motions at four per motion day. If the motion is not able to be argued until after the cutoff date, you must motion the Court for permission to do so (or the parties may stipulate to extending the cutoff date).
CASE EVALUATION:Case evaluation will be held after and notice will be mailed to counsel at a later date by the ADR office. The case evaluation panel is . In the event there is an untimely request to adjourn the hearing date, all fees (as outlined in the Notice to Appear for ADR Hearing) must be paid prior to entry of the order for adjournment.
The case may be sent to binding arbitration if agreed upon by all parties. This will result in the closing of the court file for administrative purposes. The file may be reopened only for purposes of confirming the award of the arbitrators by way of Judgment.
MANDATORY SETTLEMENT CONFERENCE:The mandatory settlement conference will be held with Judge Farah on at 8:30 a.m. All counsel and parties with authority to settle are required to attend in person and are required to file and exchange with opposing counsel the following: Final Witness and Exhibit Lists (indicating those intended to be called to testify or be introduced at trial) and Trial Briefs. The briefs shall include issues in dispute, legal authority upon which the party relies, as well as proposals for settlement.
TRIAL: Jury Non-jury trial is scheduled for at 8:30 a.m. When applicable, counsel shall submit proposed voir dire questions and jury instructions prior to trial. Motions in Limine must be filed and heard on or before the Monday prior to commencement of trial. Failure to comply constitutes a waiver. Requested Voir Dire, Verdict Form and Jury Instructions must be provided to the law clerk at least two days prior to trial. All exhibits must be exchanged and marked prior to the day of trial. Wireless access is available during trial. Please contact our Court Technology Coordinator at (810) 424-4436 to gain access.
EXTENSIONS/ADJOURNMENTS:Counsel may submit for the Court’s consideration a stipulation and proposed order to extend the cutoff dates and/or adjourn hearing dates. Requests for extensions/adjournments must be timely filed (by stipulation or motion) and may be granted for good cause. The extended cutoff dates and/or adjourned hearing dates must be specifically listed in the proposed order.
ONLINE ACCESS TO DOCKET ENTRIES AND THE COURT’S SCHEDULE:
www.gc4me.com. Follow links: Departments, County Clerk, Records…
______
JOSEPH J. FARAH, Circuit Judge
Dated______
**BY LOCAL ADMINISTRATIVE ORDER: Cell phones, cameras, and recording devices are not permitted in the courthouse. Exclusions: Attorneys with a bar card; jurors; county, city, state or federal employees or law enforcement personnel on official business. Please advise your clients accordingly.
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
,
Plaintiff(s), CASE NO.
-vs- JUDGE JOSEPH J. FARAH
, ORDER FOR CIVIL MEDIATION
Defendant(s).
______
At a session of said Court, held in the courthouse in the City of Flint, on the _____ day of , 2014.
PRESENT: HONORABLE JOSEPH J. FARAH, CIRCUIT JUDGE
IT IS ORDERED:
1.On the Court’s own motion, this case is ordered to mediation/facilitation under MCR2.410(C). The parties shall advise the ADR clerk of the agreed upon mediator by by email or fax: or 810-257-0512. If the parties do not advise the ADR clerk of the mediator agreed upon by that date, the ADR clerk shall assign one as provided by the court’s alternative dispute resolution plan.
2.Mediation must be completed by . The mediator shall promptly confer with the parties to ensure completion of the mediation within the required time.
3.The costs of mediation shall be divided by the parties on a pro-rata basis unless otherwise agreed by the parties or ordered by the court or, for persons unable to pay for mediation, as provided by the court’s alternative dispute resolution plan.
4.Unless otherwise ordered by the Court, the attorneys who intend to try the case shall attend the mediation; and all parties to the action and others having information and authority adequate for responsible and effective participation in mediation, including settlement authority, shall attend the mediation.
______
JOSEPH J. FARAH, Circuit Judge
Dated______
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