913 Coleman A. Young Municipal Center
2 Woodward Ave
Detroit, MI 48226
Phone: 313-224-2953
Hours: 8:30am to 4:30pm
Staff:
Law Clerk: Kevin Clark Kevin.Clark@3rdcc.org
Court Clerk: Marciana Lawrence marciana.lawrence@3rdcc.org
Court Reporter: Video Courtroom
Deputy: J. Cruts
Judge Popke’s Remote Protocols
JULY 13, 2020
As we navigate the remote operations, we will update the Protocols in an attempt to make this easier and more convenient for all of us.
Our courtroom, 913, will continue to operate remotely until further notice. The courtroom will be closed to both counsel and the public. You may contact us either by email, or when necessary, by phone. Try to email first as it is easier for us to respond and for all of us to have a paper trail for our conversations.
Kevin.Clark@3rdcc.org
Marciana.Lawrence@3rdcc.org
Please don’t email the judge as doing so may constitute an ex parte communication. Kevin and the Judge are in constant contact and all issues should be directed to him.
SOME UPDATES
ZOOM. There are 2 ways we conduct Zoom conferences and motion hearings. For all conferences, you will be sent a Zoom invitation. If you believe you have a conference but haven’t received a Zoom invitation, please reach out to Kevin.
For motion hearings, you are expected to access the court website, locate Judge Popke’s personal meeting room and log in at the time of your motion or hearing.
SCHEDULING ORDERS. By now, your cases should all have a current scheduling order which will be followed absent a motion to extend for good cause.
DISPOSITIVE MOTIONS. By now, you should have a scheduling order on all dispositive motions filed by June 30,2020. If you do not have a scheduling order, please reach out to Kevin.
MOTION CALL. By now, you are undoubtedly aware that the Court may enter an order on your motion without oral argument. It is therefore imperative that any response be timely filed or the court will assume there is no opposition to the motion. Also, please be courteous and notify the court if your motion may be dismissed.
Commencing Friday, July 17, 2020, motions on which oral argument is permitted will be scheduled in 1 hour blocks. In order to ascertain whether your motion is scheduled, you must access the court website (www.3rdcc.org). In the red box, click on “Zoom Virtual Meeting”. Locate Judge Popke’s docket and ascertain whether your case is listed. If you believe you are scheduled for hearing and your case does not appear, contact the court. If it is listed, you are expected to enter Judge Popke’s Zoom Waiting Room at the scheduled time. Courtroom attire and an appropriate background is expected. Motion hearings will be live streamed on YouTube.
Upon entering Judge Popke’s Zoom Waiting Room, please rename yourself as follows: [Case Number; Party (Party Name); Attorney Name] [ex: 20-XXXXXX-CB; Defendant (Company X); Jane Smith]. Your case will be on a first-come, first serve basis once all counsel have entered the Waiting Room. Please regularly monitor the Zoom Chat while in the waiting room. You will receive updates on which cases are next on-deck. Please notify Kevin Clark via email of any scheduling issues that may arise.
Remote Operations: Pursuant to the Chief Judge’s Order of April 29, 2020 (see www.3rdcc.org), the Civil division and Business Court shall continue to work remotely. All remote hearings and conferences shall be conducted via Zoom. Attorneys are expected to be familiar with the Zoom program. Until further order of the Court, the public and media will be excluded from the courtrooms but will have access to all court proceedings via YouTube. Access to YouTube for court proceedings will be available on the Court’s website. Attorneys shall check the Civil Division Section for Protocol for Remote Civil Division Operations.
MARCH 16 – MAY 31, 2020
Scheduling Orders in Civil Cases: Pursuant to Chief Judge Kenny’s March 23, 2020 Order, the Scheduling Order in every case is extended 60 days from its then applicable deadlines. Please review with your opposing counsel your current deadlines to ensure you are in agreement. If additional extensions are necessary, parties may submit a stipulated order to change scheduling order tracks as follows: cases currently on Track 1 to Track 2; cases currently on Track 2 to Track 3; cases currently on Track 3 to adjourn deadlines up to 90 days. The court expects the parties to agree on the applicable deadlines. If the parties cannot agree, a motion may be filed which the court will rule upon without oral argument. Please note that only the dates in the Court issued scheduling orders are adjourned (witness lists, discovery cut-off, case evaluation, settlement conference). Nothing permits the extension of deadlines set forth in the Court Rules, except by stipulation (or order of the Michigan Supreme Court). The Court expects, however, that attorneys will not take advantage of each other during this time and the utmost professionalism is expected.
Business Court Scheduling Orders: For business court cases, the Status Conference Scheduling Orders are more unique to the particular case. If extensions of any dates are necessary, please work with opposing counsel to prepare a new stipulated scheduling order. Please email the proposed order to Kevin Clark (kevin.clark@3rdcc.org) for the Judge’s review prior to efiling. If parties cannot agree on new dates, please email Kevin to set up a remote scheduling conference.
Dispositive Motions: Oral argument on all pending dispositive motions scheduled between March 13, 2020 and May 31, 2020 will be adjourned by the Court. New oral argument dates will be noticed by order of the Court. Oral argument may be dispensed with by the Court pursuant to MCR 2.119(E)(3). All previously issued briefing schedules remain in effect. If you have missed a Response/Reply deadline during the pendency of this State of Emergency, please contact Kevin and he will provide you with a new deadline date. The Court will prioritize the previously scheduled dispositive motions before issuing scheduling orders on motions filed after March 13, 2020. The Court appreciates counsel’s patience regarding scheduling.
Motion Call Resumes May 29, 2020: Remote Motion Calls for the Civil Division and Business Court shall resume May 29, 2020. Any party who wishes to have a motion heard must file a new praecipe—nothing will be automatically adjourned. Oral argument may be waived pursuant to MCR 2.119(E)(3), thus it is critical to file a response for the court to consider.
You will receive a Zoom invitation for oral argument if the Court determines oral argument is necessary. It is anticipated oral argument will be scheduled in 15 minute intervals to promote efficiency for the court and attorneys. If you receive a time and it conflicts with another motion hearing, please contact Kevin at least 3 days in advance to reschedule. You may also request to have your motion heard on a day other than Friday. If you do not appear for a scheduled hearing without providing the advance notice permitted, it will proceed without you and not be rescheduled.
Jury Trials: All jury trials currently scheduled before September 1, 2020 are adjourned until further notice. Parties will receive information regarding rescheduling the jury trial after this Court resumes full operations.
JUNE 1, 2020 FORWARD
Day Forward Remote Operations: Judge Popke’s regular daily remote operations will resume on June 1, 2020. All conferences reflected on the register of actions from June 1 forward will proceed as scheduled. (Please note each judge may address this matter differently).
Business Court Status Conferences: Business Court Status Conferences shall be adjourned until at least June 1, 2020. Please regularly check the register of actions for the adjourned Status Conference dates. Please consult with opposing counsel and prepare a proposed Phase I Discovery Plan identifying with specificity the discovery necessary to attend an early facilitation. Please include deadlines, name an agreed upon Facilitator and obtain a Facilitation Date. You may email Kevin and request a Phase I Scheduling Order Template.
Emergency Matters: Please contact Kevin for scheduling remote emergency hearings.