Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Pursuant to the Scheduling Order entered April 16, 2008, the following is the joint 16 proposed final pretrial order to be considered at the pretrial conference set for June 12, 2008. 17 A. COUNSEL FOR THE PARTIES. 18 Plaintiff(s): 19 Defendant(s): 20 B. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court 21 jurisdiction. 22 23 24 25 26 27 28
Case 2:04-cv-00411-MEA Document 81-2 Filed 04/21/2008 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Nick Tarr, Plaintiff, v. County of Maricopa, Defendant.

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No. CIV04-00411-PHX-MEA

JOINT FINAL PRETRIAL ORDER

(e.g. -Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C.§ l332.) Jurisdiction is (not) disputed. C. NATURE OF ACTION. Provide a concise statement of the type of case, the cause of the action, and the relief sought.

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e.g. - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.) D. CONTENTION OF THE PARTIES. With respect to each count of the complaint,

4 counterclaim or cross-claim, and to any defense, affirmative defense, or the rebuttal of a 5 presumption where the burden of proof has shifted, the party having the burden of proof shall 6 list the elements or standards that must be proven in order for the party to prevail on that 7 claim or defense. 8 9 10 11 E. STIPULATIONS AND UNCONTESTED FACTS. 12 F. CONTESTED ISSUES OF FACT AND LAW. 13 G. LIST OF WITNESSES. A jointly prepared list of witnesses, identifying each as 14 either plaintiff's or defendant's, and indicating whether a fact or expert witness, must 15 accompany this proposed order. A brief statement as to the testimony of each expert witness 16 must be included. 17 H. LIST OF EXHIBITS. Each party must submit with this proposed order a list of 18 numbered exhibits, with a description of each containing sufficient information to identify 19 the exhibits, and indicating whether an objection to its admission is anticipated. 20 Those portions of depositions that will be read at trial must be listed by page and line 21 number. Exhibits and portions of depositions should be marked according to instructions 22 contained in the scheduling order. 23 I. MOTIONS IN LIMINE. Motions in limine shall be served and filed on or before 24 ___________200_. Any opposition memorandum to a motion in limine must be served and 25 filed on or before ___________, 200_. 26 J. LIST OF ANY PENDING MOTIONS. 27 K. PROBABLE LENGTH OF TRIAL. 28 -2Case 2:04-cv-00411-MEA Document 81-2 Filed 04/21/2008 Page 2 of 3

(e.g. - In order to prevail on this products liability case, the plaintiff must prove the following elements... e.g. - In order to defeat this products liability claim based on the statute of repose, the defendant must prove the following elements...)

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For a Bench Trial L. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be filed and served on each party by ___________, 200_. For a Jury Trial M. (Jury Trial) STIPULATED JURY INSTRUCTIONS shall be filed by ___________, 200_. Instructions which are not agreed upon, and a concise argument in support of the instruction, shall be filed and served on each party by ___________, 200_. Objections to the non-agreed instruction shall be filed and served on each party by ___________, 200_. N. CERTIFICATION. The undersigned counsel for each of the parties in this section do hereby certify and acknowledge the following: 1. All discovery has been completed. 2. The identity of each witness has been disclosed to opposing counsel. 3. Each exhibit listed herein (a)is in existence; (b) is numbered; and (c) has been disclosed and shown to opposing counsel.

APPROVED AS TO FORM AND CONTENT:

______________________________ Attorney for Plaintiff

_______________________________ Attorney for Defendant

THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED ON THIS _____ day of ___________, 200_. _____________________________________ Mark E. Aspey United States Magistrate Judge

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