IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA James W. Field, et al. Plaintiffs, vs. County of La Paz, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) NO. CIV 03-2214-PHX SRB
RULE 16 SCHEDULING ORDER
Pursuant to the terms of the Case Management Plan and the representations made by the parties at the Rule 16 Scheduling
Conference, all parties shall comply with the deadlines established in this Order. A. The Fed.R.Civ.P. as amended and made effective December 1,
2000, shall apply to all proceedings concerning this case. B. All Initial Disclosures as defined in Fed.R.Civ.P. 26(a),
if not already disclosed prior to the Scheduling Conference, shall be made no later than five (5) days after the date of entry of this Order, or in the alternative, no later than August 8, 2005.
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C.
To satisfy the requirements of Fed.R.Civ.P. 26(a), the
parties shall file with the Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures. D. No Motions to Amend the Complaint and to join additional
parties shall be filed. E. The Plaintiff(s) shall disclose the identity of all persons
who may be used at trial to present evidence under Fed.R.Evid. 701, 702, 703, 704, and 705 no later than September 9, 2005. The
Defendant(s) shall disclose the identity of all persons who may be used at trial to present evidence under Fed.R.Evid. 701, 702, 703, 704, or 705 no later than September 23, 2005. No deposition of any
expert witness shall occur before the disclosures concerning expert witnesses mandated by this Order are made.1 The disclosures of the identities of all persons who may be used at trial to present evidence under Fed.R.Evid. 701, 702, 703, 704, or 705 shall also include all of the disclosures required by Fed.R.Civ.P. 26(a)(2)(B) if the witness is either (1) retained or specifically employed to provide expert testimony in the case, or (2) is an agent or employee of the party offering the testimony whose duties regularly involve giving expert testimony. F. All discovery, including answers to interrogatories,
production of documents, depositions and requests to admit must be completed by November 30, 2005. G. The parties are required to finally supplement all
The parties are hereby given notice that this Order requires disclosure different than that required by Federal Rule of Civil Procedure 26(a)(2). Case 2:03-cv-02214-SRB 2 Document 109 Filed 07/28/2005 Page 2 of 7
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discovery, including material changes in expert witness opinions and disclosure, pursuant to Fed.R.Civ.P. 26(a)(3), of all exhibits to be used and all witnesses to be called at trial, on or before October 31, 2005. The parties are reminded that this order governs and supersedes the 30 days before trial disclosure deadline contained in Fed.R.Civ.P. 26(a)(3). Therefore, (1) failure to timely supplement
Rule 26(a) disclosures, including witnesses and exhibits for trial, (2) failure to timely supplement responses to any valid discovery requests, and (3) attempts to include witnesses or exhibits in the Proposed Final Pretrial Order that were not previously disclosed in a timely manner may result in the exclusion of such evidence at trial or the imposition of other sanctions pursuant to Fed.R.Civ.P. 37, the Local Rules of the District Court, and the inherent power of the Court. H. Discovery by interrogatory shall be governed by
Fed.R.Civ.P. 33 unless otherwise ordered by the Court. I. Depositions shall be limited as provided by Rules 30 and 31
of the Fed.R.Civ.P. unless granted permission to depart from these Rules by Order of this Court. J. Parties Motions on discovery matters are strongly discouraged. are directed to LRCiv 7.2(j), which prohibits filing
discovery motions unless parties have first met to resolve any discovery difficulties. If the parties cannot reach a resolution,
they are directed to jointly arrange a conference call with the Court to resolve the matter orally in court in lieu of filing a formal motion. K. This Order contemplates 3 Document 109 that each party will conduct
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discovery to permit completion within the deadline.
Any discovery
which results in insufficient time to undertake necessary additional discovery and which requires an extension of the discovery deadline will be met with disfavor, will only be granted for good cause shown, and may result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. L. All dispositive motions shall be filed no later than Each party shall file no more than one motion for
December 30, 2005.
summary judgment unless leave of Court is obtained. M. All parties are specifically admonished that pursuant to
LRCiv 7.2(i), "[i]f a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily." N. A Joint Proposed Pretrial Order shall be lodged by
May 30, 2006. The content of the Proposed Pretrial Order shall include, but not be limited to, that prescribed in the Form of Joint Proposed Pretrial Order attached hereto. Statements made shall not
be in the form of a question, but should be a concise narrative statement of each party's contention regarding each uncontested and contested issue. The parties shall submit a copy of the Joint
Proposed Pretrial Order on a 1.44K high density IBM compatible computer disk in WordPerfect 9.0 format. O. If the case will be tried to the Court, rather than to a 4 Document 109
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jury, in addition to filing a Joint Proposed Pretrial Order, each party shall also submit Proposed Findings of Fact and Conclusions of Law on the same date the Joint Proposed Pretrial Order is due. P. The parties shall file and serve all Motions in Limine no The
later than the filing of the Joint Proposed Pretrial Order.
attorneys for all parties shall come to the final Pretrial Conference prepared to address the merits of all such motions; no Replies. Q. The attorneys for each party who will be responsible for
trial of the lawsuit shall appear and participate in a Pretrial Conference on June 5, 2006 at 2:00 p.m. At the Pretrial Conference
this Court will establish a firm trial date and will issue the Final Pretrial Order with any additional instructions for trial
preparation. R. The parties are advised that they will be required to file
with the Joint Proposed Pretrial Order the following: (1) A joint stipulated Statement of the Case to be read to If the parties have proposing the
the jury and included in the jury questionnaire. any disagreement about the statement, the
party
statement will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection below the statement and offer an alternative statement. (2) A joint stipulated set of voir dire questions to be
added to the Court's standard questionnaire and/or to be given by the Court. The voir dire questions shall be drafted in a neutral manner.
If the parties have any disagreement about a particular question, the party proposing the question will set it forth in the joint pleading and the party objecting shall set forth the reason for their
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objection below the question and offer alternative questions. (3) Joint stipulated jury instructions. The instructions
shall be accompanied by citations to legal authority. If the parties have any disagreement about any particular instruction, the party proposing the instruction will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternate instruction. (4) A joint stipulated form of verdict. If the parties
have any disagreement about the form of verdict, the party proposing the form will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternative form of verdict. (5) A Trial Memorandum of Law for each party. The
memorandum shall be brief but must address all questions of law, including evidentiary issues that the party anticipates will arise at trial. (6) Any final pretrial matters required under Federal Rule
of Civil Procedure 26(a)(3) are due prior to the preparation and submission of the Joint Proposed Pretrial Order. IT IS FURTHER ORDERED directing the parties to submit their proposed voir dire questions, statement of the case, jury
instructions, and form of verdict on a 1.44K high density IBM-PC compatible computer disk in WordPerfect 9.0 format in addition to the written materials filed with the Clerk of the Court. This Court views compliance with the provisions of this Order as critical to its case management responsibilities and the
responsibilities of the parties under Rule 1 of the Fed.R.Civ.P. 6 Document 109
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S.
Motions in Limine shall be filed no later than
May 22, 2006; Response due May 31, 2006; no Reply. IT IS FURTHER ORDERED setting Jury Trial on June 13, 2006 at 9:00 a.m.
DATED this 27th day of July, 2005.
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