Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U-Haul International, Inc., et al., ) ) ) Plaintiff, ) ) v. ) Lumbermens Mutual Casualty Company, ) ) Defendant/Counter-Claimant. ) ) _________________________________ ) Lumbermens Mutual Casualty Company, ) ) Defendant/Counter-Claimant, ) ) ) v. ) ) U-Haul International, Inc., et al., ) ) Counter-Defendants. ) CV-04-0662 PHX-DGC ORDER SETTING TRIAL IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

A Final Pretrial Conference was held on January 24, 2007. Counsel appeared on behalf of Plaintiff and Defendant. On the basis of the parties' written submissions and the hearing, IT IS HEREBY ORDERED: 1. 2. Trial in this matter shall begin on March 8, 2007, at 9:00 a.m. The trial shall last 2 days (March 8-9, 2007). Plaintiff shall be allotted 5

hours of trial time and Defendant shall be allotted 5 hours of trial time. The Court will keep track of each side's time. Opening and closing statements, direct examination, and cross-examination shall be counted against the parties' allotted time.
Case 2:04-cv-00662-DGC Document 149 Filed 01/26/2007 Page 1 of 2

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3.

The parties' proposed final pretrial order was approved by the Court as the

final pretrial order in this case with the exception of the extensive lists of factual and legal issues included in the order. The order shall govern the presentation of evidence and other trial issues, and, pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, shall be modified only to prevent manifest injustice. Evidence, objections, legal arguments, and relief not requested or identified in the order shall not be available at trial, except to prevent manifest injustice. 4. On or before February 26, 2007, the parties shall file a joint statement with

the Court which includes: (1) a precise statement of all of the written evidence the parties wish the Court to consider before trial (exhibits and deposition transcripts should be submitted with the statement); (2) stipulated summaries of depositions to be considered by the Court; (3) a statement of which witnesses, if any, will testify live during trial; (4) whether the parties choose to submit all of the evidence in written form and simply hold oral argument; and (5) any stipulations the parties have reached with respect to damages amounts or other issues. The Court advised the parties that the trial will address the remaining estoppel and damages issues in this case, and no further hearings will be held. DATED this 25th day of January, 2007.

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Case 2:04-cv-00662-DGC

Document 149

Filed 01/26/2007

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