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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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(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

 
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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).
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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

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