Free Uncategorized - District Court of Arizona - Arizona

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Quarles & Brady Streich Lang LLP
Firm State Bar No. 00443100 Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
TELEPHONE 602.229.5200

Lonnie J. Williams, Jr. (#005966) ([email protected]) Dawn C. Valdivia (#020715) ([email protected]) Attorneys for Plaintiff Marcela Johnson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Marcela Johnson, Plaintiff, v. Charles Schwab Corporation, Defendant. NO. CV 04-0790 PHX-JWS PLAINTIFF'S MOTION FOR COMPREHENSIVE PRETRIAL CONFERENCE

Plaintiff Marcela Johnson asks the Court to set a comprehensive pretrial conference to avoid further delay in getting this case before a jury. This lawsuit was filed on April 22, 2004. From the outset, Plaintiff requested deadlines that would put this case before a jury at the end of 2005 or the beginning of 2006, while Schwab requested deadlines that would not get this case to trial until mid-2007, over three years after the lawsuit was filed. [Initial Case Status Report, Dkt. No. 8] This Court issued a scheduling Order on February 28, 2004. [Dkt. No. 9] On June 16, 2005, the parties filed a request to modify the scheduling order and push all dates forward by two weeks because Schwab's counsel had changed firms. [Dkt. No. 22] On September 19, 2005, Schwab filed a motion asking this Court to extend the deadlines in this case by 2 months. [Dkt. No. 37] The motion was granted on September 21, 2005.1 On October 6, 2005, Schwab filed a motion for a twoweek extension of time to respond to Plaintiff's discovery requests. [Dkt. No. 42] The Court granted the motion on October 11, 2005, and instructed Schwab's counsel to
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Because Plaintiff did not agree to the dates suggested by Schwab, Plaintiff filed motion for reconsideration of the Court's Order extending the case deadlines on September 23, 2005, which was denied. [Dkt. Nos. 40 and 46]

Case 2:04-cv-00790-EHC

Document 69

Filed 12/13/2005

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cooperate with Plaintiff's counsel in scheduling the Rule 30(b)(6) deposition. [Dkt. No. 45] Schwab subsequently filed objections to Plaintiff's Notice of Rule 30(b)(6)

deposition on October 6, 2005, and then filed a protective order regarding the same deposition on November 14, 2005. [Dkt. Nos. 41 and 53] This case has been ongoing for almost twenty months and not one deposition has been taken and no trial date has been set. The parties have been unable to agree on any issues and in the last three to four months, they have exchanged almost fifty letters regarding discovery disputes. This case is at the point that without judicial management Plaintiff will be financially unable to continue this litigation because of discovery costs. For these reasons, Plaintiff asks the Court to intervene and manage this case or to assign a magistrate or discovery master to oversee disputes without the necessity of pleading. For the reasons stated above, Plaintiff respectfully requests a comprehensive pretrial conference. RESPECTFULLY SUBMITTED this 13th day of December, 2005. QUARLES & BRADY STREICH LANG LLP By s/Dawn C. Valdivia Lonnie J. Williams, Jr. Dawn C. Valdivia Attorneys for Plaintiff Marcela Johnson

I hereby certify that on the 13th day of December, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF Systems for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrant: Joseph T. Clees Christopher Mason Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2415 E. Camelback Rd., Suite 800 Phoenix, AZ 85016 s/Carol L. Jones
QBPHX\1976620.1

Case 2:04-cv-00790-EHC

Document 69

-2Filed 12/13/2005

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