Free Scheduling 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
In order to conserve scarce judicial resources, the parties are directed to promptly inform the Court if they are involved in negotiations which they reasonably2:03-cv-02098-PGR the resolution of Filed pending motion unnecessary. any 07/14/2005 Case believe may make Document 75 Page 1 of 4
1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiffs, ) Case Nos. CV 03-2098-PHX-PGR ) 04-0451-PHX-MHM ) (Consolidated) vs. ) ) SCHEDULING ORDER Maxwell Productions, LLC, ) et al., ) ) Defendants. ) ______________________________) A Scheduling Conference having been held before this Court on July 11, 2005, IT IS ORDERED that: (1) Motions pursuant to Fed.R.Civ.P. 12(b), motions to amend

U.S. Philips Corp., et al.,

pleadings, and motions to join additional parties shall be filed no later than July 11, 2005.1 (2) Parties shall exchange their respective initial

disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and file with the Court a notice of such exchange, no later than July 11, 2005. The

plaintiff shall disclose its expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than

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

July 12, 2005. if any, and no

The defendant shall disclose its expert witnesses, their later reports than in July compliance 12, 2005. with Fed.R.Civ.P. witness

26(a)(2)(B)

Expert

depositions shall be completed by September 2, 2005. (3) All discovery, including answers to interrogatories,

shall be completed by August 2, 2005, and supplemental disclosures and discovery responses shall thereafter be made as required by Fed.R.Civ.P. 26(e). Discovery which cannot be timely responded to

prior to the discovery deadline will be met with disfavor, and could result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. Parties are directed to

LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. If

parties cannot reach a resolution of discovery disputes arising during depositions, they are directed to arrange a conference call with the Court to resolve the disputes. (4) 2005. (5) A joint letter to the Court, sent directly to Chambers All dispositive motions shall be filed by August 12,

and not filed with the Clerk of the Court, concerning the status of settlement discussions (containing no specific settlement terms or offers) shall be submitted at the time the Joint Pretrial Statement is filed. (6) A Joint Pretrial Statement shall be filed by September 12, 2005. If dispositive motions are filed, then this Joint Pretrial

Statement shall be due either on the above date or 30 days following the resolution of the motions, whichever is later. The

content of the Joint Pretrial Statement shall include, but not be Case 2:03-cv-02098-PGR 2 Document 75 Filed 07/14/2005 Page 2 of 4

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

limited to, that prescribed in a standard form of Joint Pretrial Statement provided to the parties. The parties shall augment the

Joint Pretrial Statement as necessary so it contains all of the pretrial 26(a)(3). timely disclosures as defined and required by Fed.R.Civ.P.

It shall be the responsibility of the plaintiff to the process of drafting the Joint Pretrial

initiate

Statement and the plaintiff shall submit its draft of the Joint Pretrial Statement to the defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement. (7) Motions in limine shall be filed no later than the date

of filing of the Joint Pretrial Statement. Responses to motions in limine are due ten business days after service. permitted. No replies are

The hearing on the motions in limine, if one is

permitted by the Court, will take place at the time of the Pretrial Conference. of moving No motion in limine shall be filed unless a statement counsel is attached thereto certifying that after

personal consultation and sincere efforts to do so, counsel have been unable to satisfactorily resolve the matter. (8) The attorneys for each party who will be responsible for

trial of the lawsuit, or the parties if pro per, shall appear and participate in a Pretrial Conference on Monday, October 3, 2005, at 3:30 p.m. in Courtroom 601. Because Pretrial Conferences are held

for the parties' benefit, and further because the parties' presence will facilitate frank discussion of the pertinent issues in the lawsuit, each party or a representative with binding settlement authority shall attend the Pretrial Conference. If dispositive

motions are filed, the Court will continue the date of the Pretrial

Case 2:03-cv-02098-PGR

3 Document 75

Filed 07/14/2005

Page 3 of 4

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

Conference, if one is still necessary, until after the resolution of such motions and the filing of a Joint Pretrial Statement. (9) Selection of a trial date, and directions for filing trial briefs, proposed findings of fact and conclusions of law or

proposed jury instructions and voir dire questions, and for marking trial exhibits shall be set forth in an order entered following the completion of the Pretrial Conference. (10) The parties are cautioned that the deadlines set in this Scheduling Order shall be enforced, and that the Court will not entertain any stipulations to continue them - any request to extend any of the deadlines set herein must be made by means of a motion, joint or otherwise, and no such motion shall be granted unless very good cause is shown. Dated this 14th day of July, 2005.

Case 2:03-cv-02098-PGR

4 Document 75

Filed 07/14/2005

Page 4 of 4