Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) Corrections Corporation of America, Inc.,) ) and Bruno Stolc, ) Defendants. ) ) Cheryl Allred, CV-03-2343-PHX-DGC ORDER S ETTING FINAL PRETRIAL CONFERENCE IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA

Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on Janu ary 25, 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 attorneys who will be responsible for the trial of the cas e s hall attend the Counsel shall bring their calendars so that trial scheduling can

F inal P retrial Conference. be discussed. 2.

The parties joint ly s hall prepare a Proposed Final Pretrial Order and shall Preparation and

lodge it with the Court no later than 4:00 p.m. on Jan u ary 4, 2006.

lodging of the Proposed Final Pretrial O rder in accordance with the requirements of this Order shall be deemed to sat isfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. O rder 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

[email protected] or on an IBM -compatible computer disk.

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3.

The Proposed Final Pretrial Order s hall include the information prescribed in

the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. Information s hall 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), t he Court will not allow the

parties to offer any exhibit, w it ness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. 5. The parties shall exchange drafts of the Proposed Final Pret rial O rder 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. The parties shall (a) number and mark exhibit s in accordance with the

instructions found in Exhibit M arking Ins t ruct ions at www.azd.uscourts.gov under Judges and Courtrooms and O rders, Forms and Procedures (such numbers shall correspond to exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange marked copies of all exhibits to be used at trial no later than 14 days before the submission 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

January 4, 2006.

January 11, 2006. Each motion in limine shall include proposed language for the order in limine being s ought from the Court, and the proposed language shall state with precision the evidence that is subject t o t he proposed order and the limitation or exclusion placed on the evidence. The motions and responses must be concise and shall not exceed three

(3) pages in length. No rep lies s hall be filed. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference.
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8.

If this case will be tried to a jury , t he parties shall complete the following

tasks by the time of the lodging of the Proposed Final Pretrial Order: (a) (b) The parties shall file a stipulated description of the case to be read t o t he 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 stipulate to the proposed questions. If the parties have any dis agreement about a

particular question, they shall state the reason for t heir objection below the question. The parties shall also provide, for the purposes of voir dire, a joint master lis t of the names of every witness who may be called at trial. (c) The parties shall file proposed jury instructions in accordance w ith

"Guidelines for Jury Instructions 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 proposed

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

instruct ions , and forms of verdict shall 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 proposed findings The proposed

of fact and conclusions of law w it h the Proposed Final Pretrial Order.

findings of fact and conclusions of law shall also be submitted in WordPerfect ® 9.0 format either by email to [email protected] or on an IBM -compatible computer disk. 10. The p art ies shall be prepared to advise the Court at the Final Pretrial Should settlement 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 s t atement of Trial Conduct and

Decorum before the Final Pretrial Conference. A copy can be found on the Court's website
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at

www.azd.uscourts.gov

under

Judges

and

Court rooms

and

Orders,

Forms

and

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

DATED this 26th day of October, 2005.

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