Breathe Scheduling Order

Case 2:20-cv-12363-LJM-DRG ECF No. 19 filed 09/04/20 PageID.
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DETROIT WILL BREATHE, et al.,
Plaintiffs, Case No. 20-12363

Honorable Laurie J. Michelson
v.
CITY OF DETROIT, et al.,
Defendants.
SCHEDULING ORDER FOR PLAINTIFFS’

MOTION FOR PRELIMINARY INJUNCTION
On August 31, 2020, Plaintiffs filed a motion for preliminary injunction. (ECF No. 4.) On
September 4, 2020, this Court held a telephone conference with all counsel to discuss the
schedule and procedures for resolving Plaintiffs’ motion. In view of that discussion, the Court
issues the following schedule and associated procedures:
Event Due Date

September 18, 2020
Defendants’ Response
September 22, 2020
Meet and Confer (see below)
September 24, 2020
Submission of Pre-Hearing Materials (see below)
September 25, 2020 at 10 am
Pre-hearing Status Conference
September 29, 2020 at 8:30 am
Preliminary Injunction Hearing
1. Meet and Confer
Not later than the corresponding date set forth above, counsel for all parties shall meet
and confer, preferably in person, to discuss the following:
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Case 2:20-cv-12363-LJM-DRG ECF No. 19 filed 09/04/20 PageID.316 Page 2 of 4

(a) whether the parties can agree to a preliminary injunction of scope less than what
Plaintiffs have sought;
(b) whether any facts or legal conclusions are agreed upon;
(c) evidentiary issues, including any objections to the admissibility of any proposed
exhibit or testimony to be offered at the hearing;
(d) whether, in lieu or in aid of an injunction, the parties can agree upon protocols to
govern their conduct during the pendency of the litigation. The Court believes that
protocols addressing the following topics may enable all parties to achieve their
desired goals: announcement of protest norms by Detroit Will Breathe to its
members; arrest protocol; de-escalation protocol; and a protocol for reporting by
neutral observers.
The meet and confer is intended to be substantive. The Court thus encourages the parties
to exchange proposed findings of fact and conclusions of law (see below) prior to the meet and
confer, such that each party has the opportunity to consider the precise language that it would be
stipulating to at the meet and confer.
2. Submission of Pre-Hearing Materials
Not later than the corresponding date set forth above, counsel must
(a) File a “Joint Exhibit and Witness List” which lists all exhibits that the parties intend to
introduce at the hearing and all witnesses the parties intend to call at the hearing.
Each side is limited to five (5) witnesses. For each identified witness, the Joint
Exhibit and Witness List must indicate whether the witness “will” be called or “may”
be called at the hearing, the witness’s likely testimony (one or two sentences), an
estimate of the time needed for direct and cross examination of the witness, and any
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significant objection to the witness’s testimony. For each exhibit the admission of
which is not agreed to by the parties, the Joint Exhibit and Witness List must briefly
state the basis for objection.
(b) Provide the Court (via overnight mail) with a “Joint Exhibit Flashdrive” containing a
copy of all proposed exhibits identified in the Joint Exhibit and Witness List. All
exhibits must be marked by counsel prior to the preparation of the Joint Exhibit
Flashdrive such that the copy on the Joint Exhibit Flashdrive is marked. The preferred
method of marking is the traditional “Plaintiff’s Exhibit __” and “Defendant’s Exhibit
__” in number order, but any clear method is acceptable (e.g., numbers and letters).
(c) File a “Pre-Hearing Brief” containing separately numbered proposed findings of fact
with citation to proposed exhibits (preferably citing to the Joint Exhibit Flashdrive)
and separately numbered proposed conclusions of law.
(d) File a joint statement concerning the suitability of hearing and trial under Federal
Rule of Civil Procedure 65(a)(2).1
3. The Preliminary Injunction Hearing
The Court has set aside 2-3 days for the preliminary injunction hearing. The hearing will
begin on September 29, 2020. The hearing will start at 8:30 a.m. each day and adjourn at 4:30
p.m. each day, with a lunch break from 1-2 pm.
The Court will admit unobjected-to exhibits in the Joint Exhibit and Witness List at the
start of the preliminary injunction hearing. The Court will determine the admissibility of
objected-to exhibits and (objected-to testimony) prior to the start of the hearing or at the time a

1
In a case where Plaintiff seeks a permanent injunction that is effectively an extension of the
preliminary relief it seeks, counsel must discuss at the Meet and Confer, and then recommend to
the Court in the Pre-Hearing Brief, the suitability of consolidating the preliminary injunction
hearing with a trial for a permanent injunction. See Fed. R. Civ. P. 65(a)(1)(2).
3


party seeks to introduce the objected-to evidence (or testimony). Evidence not included in the
Joint Exhibit and Witness List will not be admitted absent a showing of good cause for failing to
include the evidence on the list. Counsel are required to keep track of all exhibits admitted
during the hearing.
As a result of the coronavirus pandemic and this Court’s administrative order suspending
in-court proceedings (20-AO-038), and for the protection of public health, the hearing will be
conducted by videoconference. A separate order will be entered with the necessary dial-in
information.
Dated: September 4, 2020
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
4

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Case 2:20-cv-12363-LJM-DRG ECF No. 19 filed 09/04/20 PageID.

UNITED STATES DISTRICT COURT

DETROIT WILL BREATHE, et al.,

Plaintiffs, Case No. 20-12363

CITY OF DETROIT, et al.,

SCHEDULING ORDER FOR PLAINTIFFS’

issues the following schedule and associated procedures:

Event Due Date

1. Meet and Confer

and confer, preferably in person, to discuss the following:

Plaintiffs have sought;

(b) whether any facts or legal conclusions are agreed upon;

exhibit or testimony to be offered at the hearing;

desired goals: announcement of protest norms by Detroit Will Breathe to its

members; arrest protocol; de-escalation protocol; and a protocol for reporting by

stipulating to at the meet and confer.

2. Submission of Pre-Hearing Materials

state the basis for objection.

and separately numbered proposed conclusions of law.

Rule of Civil Procedure 65(a)(2).1

3. The Preliminary Injunction Hearing

p.m. each day, with a lunch break from 1-2 pm.

during the hearing.

Dated: September 4, 2020

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