Free Scheduling Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Bristol Inns LLC, et al, 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 16, 2005, a Case Management Conference was held pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. The parties met before the conference in accordance with Rule 26(f) and prepared a Case Management Report. On the basis of the Case Management Conference and the Case Management Report, IT IS HEREBY ORDERED: 1. Deadline for Answer and Initial Disclosures. Defendant's Answer and the vs. Best Western International, Inc., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 04-661-PHX-DGC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

CASE MANAGEMENT ORDER

initial disclosures required by Federal Rule of Civil Procedure 26(a) shall be exchanged no later than December 15, 2005. The parties shall file with the Clerk a Notice of Initial Disclosure, rather than copies of the actual disclosures. 2. Deadline for Joining Parties and Amending Pleadings. The deadline for joining

parties and amending pleadings is 90 days from the date of this Order. Motions to join parties or for leave to amend pleadings shall be filed within 30 days of this Order so they can be heard and decided prior to the deadline.
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3.

Discovery Limitations. Depositions in this case shall be limited to ten

depositions per side and four hours each as provided in Rules 30(a)(2)(A) and (d)(2) of the Federal Rules of Civil Procedure. Each side may propound up to 40 interrogatories, including subparts, 40 requests for production of documents, including subparts, and 40 requests for admissions, including subparts. The limitations set forth in this paragraph may be increased by mutual agreement of the parties, but such an increase will not result in an extension of the discovery deadlines set forth below. 4. Deadline for Completion of Fact Discovery. The deadline for completing fact

discovery shall be April 28, 2006. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to commence at least

five working days prior to the discovery deadline. A deposition commenced five days prior to the deadline may continue up until the deadline, as necessary. b. Written Discovery: All interrogatories, requests for production of

documents, and requests for admissions shall be served at least 45 days before the discovery deadline. c. Notwithstanding Local Rule of Civil Procedure 7.3(c), the parties may

mutually agree, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. 5. a. Discovery Disputes. The parties shall not file written discovery motions without leave of

Court.1 If a discovery dispute arises, the parties promptly shall contact the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the The prohibition on "written discovery motions" includes any written materials delivered or faxed to the Court, including hand-delivered "correspondence" with attachments. -2Case 2:04-cv-00661-DGC Document 24 Filed 11/30/2005 Page 2 of 4
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telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. b. Parties shall not contact the Court concerning a discovery dispute

without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact

discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. 6. Deadline for Filing Dispositive Motions. a. Dispositive motions shall be filed no later than May 26, 2006. Such

motions must comply in all respects with the Federal Rules of Civil Procedure and the Local Rules. b. No party shall file more than one motion for summary judgment under

Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained, by joint telephone call, from the Court.

c.

Failure to respond to a motion within the time periods provided in Local

Rule of Civil Procedure 7.2 will be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily pursuant to Local Rule of Civil Procedure 7.2(i). d. The parties shall not notice oral argument on any motion. Instead, a

party desiring oral argument shall place the words "Oral Argument Requested" immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue a Minute Entry Order scheduling oral argument as it deems appropriate. 7. Deadline for Engaging in Good Faith Settlement Talks. All parties and their

counsel shall meet in person and engage in good faith settlement talks no later than April 28, 2006. Upon completion of such settlement talks, and in no event later than five -3Case 2:04-cv-00661-DGC Document 24 Filed 11/30/2005 Page 3 of 4

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working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint Report on Settlement Talks executed by or on behalf of all counsel. The Report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 8. Deadline for Notice of Readiness for Pretrial Conference. The Plaintiff(s) shall

notify the Court that the parties are ready for scheduling of a Final Pretrial Conference pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. The Plaintiff(s) shall file and serve this notice within ten days of the dispositive motion deadline if no dispositive motions are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve such notice within ten days after the resolution of dispositive motions. The Court will then issue an Order Setting Final Pretrial Conference that (a) sets deadlines for briefing motions in limine, (b) includes a form for the completion of the parties' joint proposed Final Pretrial Order, and (c) otherwise instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. 9. The Deadlines Are Real. The parties are advised that the Court intends to

enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. DATED this 29th day of November, 2005.

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