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 Kenneth Lyon and Towanda Lyon, for) ) Taralyn D. Lyon, ) ) Plaintiffs, ) ) vs. ) ) ) Estrella Foothills High School, et al., ) ) Defendants. ) ) No. CV 03-2306-PHX-JAT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Having reviewed the record in this case, the Court finds that on March 17, 2006, the parties lodged a version of the final pretrial order. The parties also delivered a paper copy to chambers. Though the Court did not notice at the time, the Court has now determined that the lodged document and the paper document approved by the Court at the final pretrial conference on April 17, 2006 were not the same. Further, the parties failed to e-mail a wordperfect version of the proposed pretrial order to chambers as required by the administrative policies and procedures manual governing cm/ecf. After being contacted by the Court's staff, the parties e-mailed the final pretrial order in a format that could accommodate an electronic signature by the Court and electronic filing. Though the Court did not notice at the time, the Court later became aware that this document (filed on May 2, 2006) was in fact a third version of this document (not the same as the lodged version or the paper version submitted to chambers). Thus, the Court obtained another e-mail version of the document (which would theoretically be the SAME as the one approved in open court),
Case 2:03-cv-02306-JAT Document 72 Filed 06/15/2006 Page 1 of 2

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signed and electronically filed that document on June 5, 2006. Though the Court did not notice at the time, the Court has now determined that this document is NOT the same as any of its predecessors and is, in fact, a FOURTH version of the final pretrial order (and still is NOT the document the Court approved at the final pretrial conference). As a result, and in anticipation of trial next week, IT IS ORDERED that on Monday, June 19, 2006 at 3:30 the parties shall appear for a continuance of the final pretrial conference. Prior to this hearing the parties shall meet and confer and stipulate-to a single FINAL version of the proposed pretrial order. The parties shall bring a paper copy of this final document to court at 3:30 on Monday. The parties shall each sign this document in open court and shall leave this single signed version of this document with the Court to sign and file. Nothing in this Order should be construed as the parties in the future being relieved of the requirements of electronic filing. However, it has become clear to the Court that on the eve of trial the parties seem to be incapable of complying with the electronic filing requirement, including ensuring that the document lodged with the Clerk and the document submitted to the Court for signature are in fact the same document. DATED this 15th day of June, 2006.

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