November 26, 2018
Judge Swartz’s judicial attorney, JoAnne Barron, conducted a telephone conference with the attorneys on Monday, November 19 at 10:00 a.m.
The Court directed that the parties engage in mediation before the March trial date.
The exact date has not yet been established by the Court. The Trial will be limited to whether or not the MDOC violated the Elliott-Larsen Civil Rights Act by implementing the BFOQs. If it is determined that the BFOQs violated the Elliott-Larsen Civil Rights Act, another trial will be held in June to determine the damages to the members. That trial will be held in June.
The Court has suggested that the parties consider a bench trial on the issue of violation of the Elliott-Larsen Civil Rights Act rather than a jury trial to expedite resolution. Mr. Lenhoff and I are considering that suggestion. We will be having a follow up call with the judicial attorney on December 3, 2018 at 10:00 a.m.
Stay tuned for further developments.