Free Reply to Response to Motion - District Court of Arizona - Arizona

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4 CLERK U S DISTRICT COURT
DISTRICEE AQIZONA l
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Ruben I-I. Montano, et al. N0. CIV O2-609—TUC—WDB
10 Plaintiffs, SCHEDULING ORDER
1 1 vs. )
12 Allstate Insurance Company, et al. )
13 Defendants. g
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14 )
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6 The Court, having reviewed the parties’ Joint Report and having conducted a
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17 Scheduling Conference on March 4, 2003, HEREBY ORDERS that the parties abide by the
18 following schedule and rules':
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20 A. Initial disclosures under Federal Rules of Civil Procedure 26(a)(l)~ ("Federal
S 21 Rules"), unless previously exchanged, shall be exchanged on or before 3/17/03. The Court
22 reminds the parties that to satisfy the requirement of Rule 26(a), the parties shall file a Notice
23 of Service of discovery papers with the Clerk of the Court, rather than copies of actual
24 disclosures. See Rules of Practice of the United States District Court for the District of
25 Arizona ("Local Rules") l.2(a)(2).
26 ‘Because the Plaintiff is seeking class certification of approximately 300 individuals,
27 this case necessarily involves complex issues and will take more time than normal cases. As
28 such, the Court has granted extra time to the parties in carrying out certain aspects of this
case. ;

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l R, All parties are granted until 6/16/03, to move to join additional parties or to /x/Q
2 \ %d The 6/16/03 deadline does not apply to the class certification issue.
3 I Because Plaintiff appxently needs to conduct a substantial amount of discovery to address
4 ` the class certification issue, class certification motions shall be filed no later than 9/30/03*: /AP/A `
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6 I C. Parties shall disclose the names of all fact witnesses to be used at trial pursuant to
7 the provisions of Federal Rule 26(a)(3), on or before 12/ 19/03. Initial disclosure of expert
8 E testimony pursuant to Federal Rule 26(a)(2) shall take place on or before 11/28/03.
9 l Disclosure of rebuttal expert testimony shall take place on or before 12/30/03.
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ll D. All discovery, including depositions of parties, witnesses and experts, shall be
12 E completed by 1/30/04.
13 5 l. The limits on discovery as set forth in Federal Rules 30 and 31, and the
14 presumptive limits in Local Rule 2.l2(b)(4) shall apply · 40 single-part question .
15 i interrogatories, deposition of parties and their respective experts, and not more than 8
16 non-party fact-witness depositions per party.
17 i 2. Notwithstanding any provisions ofthe Federal Rules or any other provisions
18 ` of this Order, non-party witnesses shall g be allowed to attend, physically, electronically
19 I or otherwise, the deposition of any other witness in this case without an Order of the Court
20 I to the contrary.
21 3. Counsel are reminded of their duty under Federal Rule 26(e) to supplement
22 ‘ all Rule 26(a) disclosures and responses to discovery requests. Pursuant to Rule 26(e)(l),
23 any additions or other changes to information previously disclosed must be made prior to the
24 { time that Rule 26(a)(3) Pretrial Disclosures are due. i his Ogder contemolotes that all oghi bits
25 i and witnesses that may bo offered at mal will hav; ogg;] disolosod lzoforo ilio olosg of
26 l discoveg;. This Order, therefore, supersedes the "30 days before trial" disclosure deadline
27 i contained in Rule 26(a)(3). Therefore, (1) failure to timely supplement Rule 26(a)
28 i
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Case 2:03-md-01541-PGR

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