Free Order - District Court of Arizona - Arizona

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Case 2:03-cv-02396-DGC Document 38 Filed 03/17/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Best Western International, Inc., Plaintiff, vs. Nathan A. Roesing, et al, Defendants.

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No. CV 03-2396-PHX-DGC

ORDER

A Final Pretrial Conference was held on March 15, 2006. Counsel appeared on behalf of Plaintiff Best Western International, Inc. Defendant Nathan A. Roesing appeared by telephone on his own behalf. This is the second Final Pretrial Conference held in this case. Defendant Roesing previously failed to prepare for the Final Pretrial Conference held on June 24, 2005. Notwithstanding the Court's cautions to Mr. Roesing at that time, he also failed to prepare for the Final Pretrial Conference on March 15, 2006. Mr. Roesing has not submitted any of the documents required by the Court's Orders of April 28, 2005 or January 25, 2006. See Docs. ##28, 37. As a result, the Court ruled that Mr. Roesing has waived any objections to witnesses or exhibits set forth in Best Western's Proposed Final Pretrial Order (Doc. #29). The Court also concludes that Mr. Roesing has waived his right to seek affirmative relief in the counterclaim by failing to participate in the pretrial process as directed by the Court's Orders. See Fed. R. Civ. Pro. 16(f).

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The Court will permit Mr. Roesing one final opportunity to identify evidence to be presented in defense against Best Western's claims in this case. The Court limits the evidence Mr. Roesing may present at trial, as described below, as a further sanction for his failure to participate in the pretrial process. Id. IT IS HEREBY ORDERED: 1. Trial in this matter shall begin on May 18, 2006, at 9:00 a.m. During the Final

Pretrial Conference, the parties each waived their right to a jury trial. The case accordingly will be tried to the Court. 2. The trial shall last 2 days (May 18-19, 2006). Plaintiff shall be allotted six

hours of trial time and Defendants shall be allotted six 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. 3. A final conference shall be held on May 11, 2006, at 4:30 p.m. in Courtroom

603, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Mr. Roesing may participate by telephone. 4. In preparation for trial, the parties shall comply with the following dates: a. Mr. Roesing shall identify witnesses and exhibits to be presented at trial on or before April 7, 2006. Mr. Roesing's designations shall be limited to three witnesses and ten exhibits. Mr. Roesing shall identify these witnesses and exhibits in a document to be provided to counsel for Plaintiff and filed with the Court on or before the deadline. b. Plaintiff shall file objections, if any, to Mr. Roesing's witnesses and exhibits on or before April 21, 2006. c. The parties shall submit proposed findings of fact and conclusions of law to the Court on or before April 28, 2006. 5. The Court shall refer this matter to a magistrate judge for a settlement

conference. Mr. Roesing is encouraged to participate in the conference in person, if possible. If personal participation is not financially possible, Mr. Roesing may participate by -2Case 2:03-cv-02396-DGC Document 38 Filed 03/17/2006 Page 2 of 3

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telephone. The parties are encouraged to engage in direct settlement talks before the settlement conference with the magistrate judge. DATED this 17th day of March, 2006.

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