Free Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Hypercom Corporation, Plaintiff, vs. Omron Corporation,

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) ) ) ) )

Case No. CV 04-0400-PHX-PGR

SCHEDULING ORDER )

) Defendant. ) ______________________________) A Scheduling Conference having been held before this

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Court on
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November 21, 2005,

IT IS ORDERED that: (1)
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Motions pursuant to Fed.R.Civ.P. 12(b), motions to

amend pleadings, and motions to join additional parties shall be filed no later than December 15, 2005.1 (2)
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Parties shall exchange their respective initial

disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and file with the Court a notice of such exchange, no later than January 15,
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2006.
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The plaintiff shall disclose its expert witnesses, if and their reports in compliance with Fed.R.Civ.P.

any,
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26(a)(2)(B) no later than April 1, 2006.

The defendant shall

In order to conserve scarce judicial resources, the parties are directed to promptly inform the Court if they are involved in negotiations which they reasonably2:04-cv-00400-PGR the resolution of Filed pending motion unnecessary. any 11/21/2005 Case believe may make Document 76 Page 1 of 4

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disclose its expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than April 1, 2006. Expert witness depositions shall be completed by May 8, 2006. (3) All discovery, including answers to

interrogatories, shall be completed by June 15, 2006, and supplemental thereafter be disclosures made as and discovery by responses shall 26(e).

required

Fed.R.Civ.P.

Discovery which cannot be timely responded to prior to the discovery deadline will be met with disfavor, and could result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. Parties are directed to

LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have If first parties arising met to resolve reach a any discovery of are

difficulties. discovery

cannot during

resolution they

disputes

depositions,

directed to arrange a conference call with the Court to resolve the disputes. (4) 2006. (5) A joint letter to the Court, sent directly to All dispositive motions shall be filed by July 15,

Chambers and not filed with the Clerk of the Court, concerning the status of settlement discussions (containing no specific settlement terms or offers) shall be submitted at the time the Joint Pretrial Statement is filed. (6) A Joint Pretrial Statement shall be filed by October 15, 2006. If dispositive motions are filed, then this Joint

Pretrial Statement shall be due either on the above date or 30
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days following the resolution of the motions, whichever is later. The content of the Joint Pretrial Statement shall

include, but not be limited to, that prescribed in a standard form of Joint Pretrial Statement provided to the parties. The parties shall augment the Joint Pretrial Statement as

necessary so it contains all of the pretrial disclosures as defined and required by Fed.R.Civ.P. 26(a)(3). It shall be

the responsibility of the plaintiff to timely initiate the process of drafting the Joint Pretrial Statement and the plaintiff shall submit its draft of the Joint Pretrial

Statement to the defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement. (7) Motions in limine shall be filed no later than the Responses to

date of filing of the Joint Pretrial Statement.

motions in limine are due ten business days after service. No replies are permitted. The hearing on the motions in limine,

if one is permitted by the Court, will take place at the time of the Pretrial Conference. No motion in limine shall be

filed unless a statement of moving counsel is attached thereto certifying that after personal consultation and sincere

efforts to do so, counsel have been unable to satisfactorily resolve the matter. (8) The attorneys for each party who will be responsible

for trial of the lawsuit, or the parties if pro per, shall appear and participate in a Pretrial Conference on Monday, October 30, 2006, at 3:30 p.m. in Courtroom 601. Because

Pretrial Conferences are held for the parties' benefit, and further because the parties' presence will facilitate frank
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discussion of the pertinent issues in the lawsuit, each party or a representative with binding settlement authority shall attend the Pretrial Conference. If dispositive motions are

filed, the Court will continue the date of the Pretrial Conference, if one is still necessary, until after the

resolution of such motions and the filing of a Joint Pretrial Statement. (9) Selection of a trial date, and directions for filing trial briefs, proposed findings of fact and conclusions of law or proposed jury instructions and voir dire questions, and for marking trial exhibits shall be set forth in an order entered following the completion of the Pretrial Conference. (10) The parties are cautioned that the deadlines set in this Scheduling Order shall be enforced, and that the Court will not entertain any stipulations to continue them - any request to extend any of the deadlines set herein must be made by means of a motion, joint or otherwise, and no such motion shall be granted unless very good cause is shown. Dated this 21st day of November, 2005.

Case 2:04-cv-00400-PGR

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Filed 11/21/2005

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