Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Nathan A. Roesing, et al, 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on March 15, 2006 at 4:00 p.m. in Courtroom 603, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Final Pretrial Conference, it is hereby Ordered: 1. The at t orney s who will be responsible for the trial of the case shall attend the Counsel shall bring their calendars so that trial scheduling can vs. Best Western International, Inc., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 03-2396-PHX-DGC ORDER S ETTIN G CONFERENCE FIN AL PRETRIAL IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA

Final Pretrial Conference. be discussed. 2.

The parties jointly shall prepare a Prop os ed F inal Pretrial Order and shall Preparation and

lodge it with the Court no later than 4:00 p.m. on Fe bruary 22, 2006.

lodging of the Proposed Final Pretrial Order in accordance w it h t he requirements of this Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. Order to t he Court The parties shall submit a copy of the Proposed Final Pretrial in WordP erfect ® 9.0 format eit her by email to

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[email protected] or on an IBM -compatible computer disk. 3. The Proposed Final Pretrial Order shall include the informat ion p rescribed in

the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges and Court rooms and Orders, Forms and Procedures. Information shall not be set forth in the form of a question, but shall be presented in concise narrative statements. 4. Pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow t he

parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and lis ted in the Proposed Final Pretrial Order, except to prevent manifest injustice. 5. The p art ies shall exchange drafts of the Proposed Final Pretrial Order no later The Plaintiff(s) shall have the burden of

than 14 days before the submission deadline.

initiating communications concerning the Proposed Final Pretrial Order. 6. T he parties shall (a) number and mark exhibits in accordance w it h t he

instructions found in Exhibit M arking Instructions at www.azd.uscourt s .gov under Judges and Courtrooms and Orders, Forms and P rocedures (such numbers shall correspond to exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange marked copies of all exhibit s to be used at trial no later than 14 days before the s ubmis sion deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits while meeting to exchange exhibits. 7. The parties shall file and serve all motions in limine no later than Responses to motions in limine shall be filed on or before

February 22, 2006. March 1, 2006.

Each motion in limine shall include proposed language for the order in

limine being sought from the Court, and the proposed language shall state with precision the evidence that is subject to the proposed order and t he limitation or exclusion placed on the evidence. The motions and responses must be concise and shall not exceed three (3) pages in length. No replies shall be filed. Couns el s hall be prepared to argue the merits
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of such motions at the Final Pretrial Conference. 8. If this case will be tried to a jury, the parties shall comp let e the following

tasks by the time of the lodging of the Proposed Final Pretrial Order: (a) (b) The parties s hall file a stipulated description of the case to be read to the jury. The parties shall jointly file a proposed set of voir dire questions. The voir

dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulat e t o t he proposed questions. If the parties have any disagreement about a

particular question, they shall state the reason for their objection below the ques t ion. The part ies s hall also provide, for the purposes of voir dire, a joint master list of the names of every witness who may be called at trial. (c) The parties shall file proposed jury instructions in accordance with

"Guidelines for Jury Instruct ions in Civil Cases" found at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. (d) Each party shall file a proposed form of verdict, including any prop os ed

special verdict forms or juror interrogatories. (e) The joint statement of the case, proposed voir dire questions, proposed jury

instructions, and forms of verdict s hall be submitted in WordPerfect ® 9.0 format either by email to [email protected] or on an IBM -PC compatible disk. 9. If the case will be tried to the Court, each party shall lodge p rop os ed findings The proposed

of fact and conclusions of law with the Proposed Final P retrial Order.

findings of fact and conclusions of law s hall also be submitted in WordPerfect ® 9.0 format either by email to [email protected] or on an IBM -compatible computer disk. 10. The parties shall be prepared t o advise the Court at the Final Pretrial Should s et t lement be reached at any

Conference of the status of settlement discussions.

time, the parties promptly shall file a Notice of Settlement with the Clerk of the Court. 11. Counsel shall review Judge Campbell's statement of Trial Conduct and
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Decorum before the Final Pretrial Conference. A copy can be found on the Court's website at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and

Procedures. 12. Full and complete compliance with t his Order shall be required by the Court.

DATED this 25th day of January, 2006.

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