Free Order - District Court of Arizona - Arizona

1 _____ FILED ___ LODGED
2 ____ RECEIVED _,_ COPY
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6 IN TI-IE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Lewis Silverman, et. al., CV-03-2268-PHX- NVW
10 Plaintiffs,
ll v. ORDER SETTING FINAL PRETRIAL
12 Albertsons, Inc., et. al., CONFERENCE
13 Defendants. i
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15 Pursuant to Rule l6(d) of the Federal Rules of Civil Procedure, a Final Pretrial
l6 Conference shall be held on F ridgy, Qgggber 14, ZQQQ gt 2:00 p,m. in Courtroom 504,
17 Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona
18 850032154. In preparation for this Final Pretrial Conference, it is hereby Ordered:
19 1. The attorneys who will be responsible for the trial of the case shall attend the
20 Final Pretrial Conference.
21 2. The parti es j ointly shall prepare a Proposed Final Pretrial Order and shall lodge
22 it with the Court no later than 4:00 p.m. on September 16, 2005. Preparation and lodging
23 ofthe Proposed Final Pretrial Order in accordance with the requirements of this Order shall
24 be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of
25 Civil Procedure. The parties shall submit a copy of the Proposed Final Pretrial Order to the
26 Court in WordPerfcct® 9.0 format either by email to [email protected] or
27 on an IBM-compatible computer disk.
, 28 3. The Proposed Final Pretrial Order shall include the information prescribed in
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1 the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges
2 & Courtrooms/Orders, Forms and Procedures/Judge Wake. Information shall not be set
3 forth in the form of a question, but shall be presented in concise narrative statements.
4 4. Pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow the
5 parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance
6 with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the
7 Proposed Final Pretrial Order, except to prevent manifest injustice.
8 5. The parties shall exchange drafts of the Proposed Final Pretrial Order no later
9 than 14 days before the submission deadline. The Pla·intiff(s) shall have the burden of
10 initiating communications concerning the Proposed Final Pretrial Order.
11 6. The parties shall (a) number and mark exhibits in accordance with the
12 instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges
13 & Courtrooms/Orders, Forms and Procedures (such numbers shall correspond to exhibits
14 numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange
15 marked copies of all exhibits to be used at trial no later than 14 days before the submission
16 deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this
17 meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits while meeting
18 to exchange exhibits.
19 7. The parties shall file and serve all motions in limine no later than August 26,
20 @5. Responses to motions in limine shall be filed on or before September 9, 20115.
21 No replies will be permitted. Each motion in limine shall include proposed language for the
22 order in limine being sought from the Court, and the proposed language shall state with
23 precision the evidence that is subject to the proposed order and the limitation or exclusion
24 placed on the evidence. Counsel shall be prepared to argue the merits of such motions at the
25 Final Pretrial Conference.
26 8. If this case will be tried to a jury, the parties shall complete the following tasks
27 by the time of the lodging of the Proposed Final Pretrial Order:
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l (a) Tha partias shall fila a stipulatad dascription of tha casa to ba raad to tha jury.
2 (b) Tha partias shall jointly filc a proposad sat of voir dira quastions. Tha voir dirc
3 quastions shall bc draftad in a nautral mauncr. To tha axtant possibla, tha partias shall.
4 stipulate to tha proposcd qucstions. If tha partics havc any disagraamcnt about a particular
5 quastion, thay shall stata thc rcason for thair objcction balow tha qucstiou. Tha partias shall
6 also providc, for tha puiposas of voir dira, a joint mastcr list of tha namas of cvcry witnass
7 who may ba callcd at trial.
8 (c) Tha parti as shall fila proposcd j ury instructions in accordanca with "Guidclinas
9 for Jury Instructions in Civil Casas" found at www.azd.uscou1ts.gov undar Judgcs &
10 Courtrooms/Ordcrs, Forms and Procaduras/Judga Wake.
l 1 (d) Each party shall fila a proposcd fomi of vardict, including anyproposcd spacial
12 vardict forms or juror intcrrogatorias.
13 (a) Tha joint statamcnt of tha casa, proposad voir dirc quastions, proposad jury
14 instructions, and forms of vcrdict shall bc submittad in WordParfact® 9.0 fomiat aithar by
15 cmail to Kally_`[email protected] or on an IBM-PC compatibla disk.
16 9. If tha casa will ba triad to tha Court, aach party shall lodga proposed findings
17 of fact and conclusions of law with tha Proposcd Final Pratrial Ordar. Tho proposcd findings
13 of fact and conclusions of law shall also ba submittcd in WordPcrfcct® 9.0 format aithar by
19 amail to l§[email protected] or on an IBM-compatiblc computar disk.
20 10. Tha partics shall ba prcparcd to advisc tha Court at tha Final Pratrial
21 Confaranca ofthc status of scttlamant discussions. Should sattlamcnt ba raachad at any tima,
22 thc partias promptly shall fila a Notica of Scttlamant with thc Clark of thc Court.
23 1 1. Counsal shall raviaw Judgc Waka's statcmant of T·rial Conduct and Dacorum
- 24 bafora thc Final Pratrial Confaraucc. A copy can bc found on tha Court's wcbsita at
25 www.azd.uscourts.gov undar Judgcs & Courtrooms/Ordars, Forms and Proccduras/Judga
26 Wake.
27
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1 12. Full and complete ccmpliancc with this Order shall bc required by thc Ccurt.
2 DATED this 1** day cf July, 2005.
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5 United Statcs District Judge
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