On May 16, 2023 a
Order
was filed
involving a dispute between
Spine & Joint Recovery,
and
Liberty Mutual Insurance Company,,
for (NF) - No-Fault Automobile Insurance
in the District Court of Wayne County.
Preview
STATE OF MICHIGAN CASE NO.
THIRD JUDICIAL CIRCUIT STATUS CONFERENCE SCHEDULING ORDER 23_006276_NF
WAYNE COUNTY
SPINE & JOINT RECOVERY (as assignee of STEPHANIE COOPER), V LIBERTY MUTUAL INSURANCE COMPA} Case Status: Open Active
Hon. Edward J. Joseph Status Conference Date: 08/1 5/2023
Filed Date: 05/16/2023
PL SPINE& JOINT RECOVERY (as assignee 0f STEPHANIE COOPER), 82776 Fahed Hussein Makki
DF LIBERTY MUTUAL INSURANCE COMPANY, 85558 Alexander Saunders
1. E ORDERED THAT:
Service has been obtained and time for filing of the answer has not lapsed. IT IS 23-006276_NF
D An adjourned Status Conference is to be held on: .
MY QFF|CE
F||_ED |N
D PLAINTIFF IS ORDERED to notify all parties of this conference, and file proof of service with WAYNE COUNTY CLERK
Clerk 0f the Court (Room 201 Coleman A. Young Municipal Center). 8/1 5/2023 1 1 259:50AM
m The Court has established the schedule 0f events noted below and PLAINTIFF IS ORDERED t0 serve a CATHY M. GARRETT
copy of this Scheduling Order on all parties and file proof of service With the Clerk of the Court. /S/ Marciana Lawrence
2. D Service has been obtained, time for filing an answer has lapsed and no answer has been filed by Defendant .
Default shall be filed and served, and motion for entry of default judgment shall be filed and heard no later than .
3. E The following schedule of events is ordered:
Please check ( x ) Track Selection E Track #1 D Track #2 D Track #3 D Other
Witness Exchange Filing 1 1/07/2023 01/23/2024 04/23/2024
Discovery Cutoff 12/26/2023 03/26/2024 06/25/2024
Case Evaluation Month 02/2024 05/2024 08/2024
Settlement Conference
(Case Evaluation date Plus 42 days) 42 Days 42 Days 42 Days
Other Conference
Comments: (1) All summary disposition motions to be filed by:
(2) A11 responses t0 be filed seven (7) days prior to motion date.
(3) A11 pleadings should include fax numbers.
Attorneys and/or parties are required t0 immediately notify the Court if there is a prior action arising out 0f the same transaction
0r occurrence, including a prior first party no-fault claim.
Please check ( X ) if special case evaluation panel is applicable:
D COMMERICAL PANEL D EMPLOYMENT/DISCRIMINATION PANEL D BUSINESS COURT PANEL
NOTE: The specific trial attorneys, parties, lienholders and insurance representatives or other persons with authority to make a final
decision as t0 settlement are required to appear at the Settlement Conference, unless excused by the assigned judge.
NOTICE: This constitutes a duly entered Order 0f this Court, and failure t0 comply strictly With all its terms, may result in sanctions.
Attorney for Plaintiff Bar N0. Attorney for Defendant Bar N0.
Attorney for Plaintiff Bar No. Attorney for Defendant Bar No.
/s/ Edward J. Joseph 8/1 5/2023
Clrcult Court Judge (Date)
Addendum t0 Scheduling Order in No-Fault Cases
IT IS HEREBY ORDERED that in all cases in which the Plaintiff is asserting a first-party claim for benefits under the
Michigan No-Fault Act, MCL 500.3101, et seq., the following shall apply:
1. Within 21 days of entry 0f the first Scheduling Order, the Defendant insurance company shall provide t0 the Plaintiff a
copy 0f the first—party claim file together With the privilege 10g for any redactions.
2. Within 28 days of entry 0f the first Scheduling Order, the Plaintiff shall identify all known service providers (medical,
household, and/or attendant care) and the Plaintiff s employer(s) by name, address, and phone number. The Plaintiff shall
immediately supplement as additional providers become known. Failure to timely identify a provider and/or employer may
result in such claim being precluded from the pending lawsuit.
3. Within 28 days of entry of the first Scheduling Order, the Plaintiff shall provide executed medical record authorizations for
all providers 0n a form supplied by the Defendant.
4. Within 28 days of entry 0f the first Scheduling Order, the parties shall establish, in writing, a mutually agreed upon schedule
for depositions and independent medical examinations.
5. If medical records are requested, MCR 2.3 14(D)(1) shall be enforced. If the custodian does not timely respond by the time
limits set forth in MCR 2.3 14(D)(1), a subpoena may be issued under MCR 2.305(A)(2), directing the custodian t0 present
the information for examination and copying at the time and place stated in the subpoena. MCR 2.3 14(D)(6). In the
alternative, the party seeking medical records may also immediately file a Motion for an Order to Show Cause.
SO ORDERED.
/s/ Edward J. Joseph
Circuit Court Judge
Document Filed Date
August 15, 2023
Case Filing Date
May 16, 2023
Category
(NF) - No-Fault Automobile Insurance
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STATE OF MICHIGAN CASE NO. THIRD JUDICIAL CIRCUIT STATUS CONFERENCE SCHEDULING ORDER 23_006276_NF WAYNE COUNTY SPINE & JOINT RECOVERY (as assignee of STEPHANIE COOPER), V LIBERTY MUTUAL INSURANCE COMPA} Case Status: Open Active Hon. Edward J. Joseph Status Conference Date: 08/1 5/2023 Filed Date: 05/16/2023 PL SPINE& JOINT RECOVERY (as assignee 0f STEPHANIE COOPER), 82776 Fahed Hussein Makki DF LIBERTY MUTUAL INSURANCE COMPANY, 85558 Alexander Saunders 1. E ORDERED THAT: Service has been obtained and time for filing of the answer has not lapsed. IT IS 23-006276_NF D An adjourned Status Conference is to be held on: . MY QFF|CE F||_ED |N D PLAINTIFF IS ORDERED to notify all parties of this conference, and file proof of service with WAYNE COUNTY CLERK Clerk 0f the Court (Room 201 Coleman A. Young Municipal Center). 8/1 5/2023 1 1 259:50AM m The Court has established the schedule 0f events noted below and PLAINTIFF IS ORDERED t0 serve a CATHY M. GARRETT copy of this Scheduling Order on all parties and file proof of service With the Clerk of the Court. /S/ Marciana Lawrence 2. D Service has been obtained, time for filing an answer has lapsed and no answer has been filed by Defendant . Default shall be filed and served, and motion for entry of default judgment shall be filed and heard no later than . 3. E The following schedule of events is ordered: Please check ( x ) Track Selection E Track #1 D Track #2 D Track #3 D Other Witness Exchange Filing 1 1/07/2023 01/23/2024 04/23/2024 Discovery Cutoff 12/26/2023 03/26/2024 06/25/2024 Case Evaluation Month 02/2024 05/2024 08/2024 Settlement Conference (Case Evaluation date Plus 42 days) 42 Days 42 Days 42 Days Other Conference Comments: (1) All summary disposition motions to be filed by: (2) A11 responses t0 be filed seven (7) days prior to motion date. (3) A11 pleadings should include fax numbers. Attorneys and/or parties are required t0 immediately notify the Court if there is a prior action arising out 0f the same transaction 0r occurrence, including a prior first party no-fault claim. Please check ( X ) if special case evaluation panel is applicable: D COMMERICAL PANEL D EMPLOYMENT/DISCRIMINATION PANEL D BUSINESS COURT PANEL NOTE: The specific trial attorneys, parties, lienholders and insurance representatives or other persons with authority to make a final decision as t0 settlement are required to appear at the Settlement Conference, unless excused by the assigned judge. NOTICE: This constitutes a duly entered Order 0f this Court, and failure t0 comply strictly With all its terms, may result in sanctions. Attorney for Plaintiff Bar N0. Attorney for Defendant Bar N0. Attorney for Plaintiff Bar No. Attorney for Defendant Bar No. /s/ Edward J. Joseph 8/1 5/2023 Clrcult Court Judge (Date) Addendum t0 Scheduling Order in No-Fault Cases IT IS HEREBY ORDERED that in all cases in which the Plaintiff is asserting a first-party claim for benefits under the Michigan No-Fault Act, MCL 500.3101, et seq., the following shall apply: 1. Within 21 days of entry 0f the first Scheduling Order, the Defendant insurance company shall provide t0 the Plaintiff a copy 0f the first—party claim file together With the privilege 10g for any redactions. 2. Within 28 days of entry 0f the first Scheduling Order, the Plaintiff shall identify all known service providers (medical, household, and/or attendant care) and the Plaintiff s employer(s) by name, address, and phone number. The Plaintiff shall immediately supplement as additional providers become known. Failure to timely identify a provider and/or employer may result in such claim being precluded from the pending lawsuit. 3. Within 28 days of entry of the first Scheduling Order, the Plaintiff shall provide executed medical record authorizations for all providers 0n a form supplied by the Defendant. 4. Within 28 days of entry 0f the first Scheduling Order, the parties shall establish, in writing, a mutually agreed upon schedule for depositions and independent medical examinations. 5. If medical records are requested, MCR 2.3 14(D)(1) shall be enforced. If the custodian does not timely respond by the time limits set forth in MCR 2.3 14(D)(1), a subpoena may be issued under MCR 2.305(A)(2), directing the custodian t0 present the information for examination and copying at the time and place stated in the subpoena. MCR 2.3 14(D)(6). In the alternative, the party seeking medical records may also immediately file a Motion for an Order to Show Cause. SO ORDERED. /s/ Edward J. Joseph Circuit Court Judge