LAW 2570 Module 4 Assignments - Twyla B

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Henry Ford College **We aren't endorsed by this school
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LITIGATION 235
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Law
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Sep 26, 2023
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Twyla Burroughs Ballard Yelton LAW-2570 9-13-2023 Module 4 Assignments 1. Exercise #1: Review the Commentary at the beginning of Chapter 4 and draft a list of questions for your attorney to ask at the initial interview. a. Where do you live? b. Are you currently employed? If so, where do you work? c. When did you start working for Ryder Building Supplies? d. How long did you work there? e. When were you diagnosed with mesothelioma? f. Did you work at any other place besides Ryder Building Supplies where you could've been exposed to asbestos? g. Did Ryder Building Supplies or Greenwood Properties at any point make you aware of asbestos being used? h. Have you received confirmation from your doctor that your mesothelioma is from asbestos exposure? i. What medical bills have you incurred so far? j. Has your mesothelioma prevented you from working? k. What do you wish to recover from your lawsuit? 2. Exercise #2: Conduct research and provide answers to the following questions: a. What cities are the federal courts in the WD Michigan located? i. Federal courts in the Western District of Michigan are located in Grand Rapids, Kalamazoo, Lansing, and Marquette. b. What cities are the federal courts in the ED Michigan located? i. Federal courts in the Eastern District of Michigan are located in Detroit, Ann Arbor, Bay City, Flint, and Port Huron. c. With respect to all motions, what must an attorney do beforehand? i. What is the relevant court rule in the WD Michigan? 1. LcivR 7.1 (a) mentions that "all motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief. Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules. All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCivR 10.9. Briefs shall not be submitted in the form of a letter to the judge." ii. What is the relevant court rule in the ED Michigan? 1. According to LR 7.1(a)(1), Before filing a motion relating to discovery, the movant must comply with Federal Rule of Civil
Procedure 37(a)(1). Otherwise, the movant must ascertain before filing whether the contemplated motion or request under Federal Rule of Civil Procedure 6(b)(1)(A) will be opposed. To accomplish this, the movant must confer with the other parties and other persons entitled to be heard on the motion in good faith and in a manner that reasonably explains the basis for the motion and allows for an interactive process aimed at reaching agreement on the matter or those aspects of the matter that can be resolved without court intervention, given the nature of the contemplated motion. The conference must be held sufficiently in advance of filing the motion to allow a good faith interactive exchange aimed at resolving the matter. If the movant obtains concurrence, the parties or other persons involved may make the subject matter of the contemplated motion or request a matter of record by stipulated order. d. With respect to dispositive motions, what is the maximum length for a brief filed in support of or in opposition to? i. What is the relevant court rule in the WD Michigan? 1. LCivR 7.2(b)(i) states that the maximum length for "briefs filed in support of or in opposition to a dispositive motion that are produced on a computer shall not exceed ten thousand eight hundred (10,800) words, to include headings, footnotes, citations, and quotations." ii. What is the relevant court rule in the ED Michigan? 1. E.D. Mich. LR 7.1(d)(3) states that "The text of a brief supporting a motion or response, including footnotes and signatures, may not exceed 25 pages. A person seeking to file a longer brief may apply ex parte in writing setting forth the reasons." e. How many circuit courts are there in the state of Michigan? i. There are 57 circuit courts in Michigan. f. Where is the 3rd Judicial Circuit Court of Michigan located? i. Third Judicial Circuit of Michigan is located at 2 Woodward Ave Ste 780, Detroit, Michigan, 48226. g. How much must be involved to file a lawsuit in the 3rd Judicial Circuit Court of Michigan? i. Circuit courts handle cases if the amount of the claim is more than $25,000.
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