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 Pursuant to a scheduling conference held on October 3, 2005 and the Court being 18 fully advised, 19 IT IS ORDERED that a jury trial in this matter is set for Tuesday, March 7, 20 2006 at 9:00 a.m. 21 IT IS FURTHER ORDERED that the attorneys for each party who will be 22 responsible for trial of the lawsuit shall appear and participate in a Final Pretrial 23 Conference on Monday, February 27, 2006 at 9:00 a.m. in the United States 24 Courthouse, 401 W. Washington, Phoenix, Arizona. 25 IT IS FURTHER ORDERED that a Joint Proposed Pretrial Order shall be filed 26 and an electronic copy sent to chambers by February 14, 2006. The electronic copy 27 shall be in the format prescribed by the Case Management/Electronic Case Filing 28
Case 2:03-cv-02077-EHC Document 66 Filed 10/06/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Robert Gant and Betty Gant, Husband and) ) Wife, ) ) Plaintiffs, ) ) vs. ) Roger Vanderpool, Sheriff of Pinal) County; Pinal County, a political) subdivision; John Does and Jane Does I-X;) ABC Corporations I-X; and XYZ) ) Partnerships I-X, ) ) Defendants. )

No. CIV 03-2077-PHX-EHC ORDER

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Administrative Policies and Procedures Manual. The content of the proposed pretrial order shall include, but not be limited to, that prescribed in the Form of Pretrial Order attached. Statements made shall not be in the form of a question, but should be a concise statement of each party's contention as to each contested and uncontested issue. IT IS FURTHER ORDERED that in addition to filing a Proposed Pretrial Order, each party shall also file proposed jury instructions, proposed voir dire questions, proposed questionnaires, if any, as well as proposed forms of verdict. These documents shall be filed by the same date the Proposed Pretrial Order is due. IT IS FURTHER ORDERED that any final pretrial disclosures required under Fed.R.Civ.P. 26(a)(3) are due 30 days before trial. IT IS FURTHER ORDERED that motions in limine shall be filed no later than 30 days before trial. The hearing on motions in limine, if necessary, shall take place at the time of the final pretrial conference, or as otherwise ordered. IT IS FURTHER ORDERED that all motions for summary judgment shall be filed by December 9, 2005. This deadline shall take into account the time limits for motions set forth in LRCiv 7.2. IT IS FURTHER ORDERED that each party shall file no more than one motion for summary judgment unless leave of Court is obtained. To obtain leave of Court, a party shall file a motion setting forth reasons justifying the filing of more than one summary judgment motion. IT IS FURTHER ORDERED that all discovery, including answers to interrogatories and supplements to interrogatories, must be completed by January 15, 2006. The parties are directed to LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. IT IS FURTHER ORDERED that the Plaintiff shall disclose expert witnesses, if any, no later than November 14, 2005, together with a final written report setting forth the expert's opinion and the reasons supporting that opinion. Defendants shall disclose expert witnesses, if any, no later than December 14, 2005, together with a final written -2Case 2:03-cv-02077-EHC Document 66 Filed 10/06/2005 Page 2 of 6

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report setting forth that expert's opinion and the reasons supporting that opinion. Rebuttal experts shall be disclosed prior to December 30, 2005. Depositions of experts, if any, shall be completed prior to January 15, 2006. IT IS FURTHER ORDERED that motions pursuant to Fed.R.Civ.P. 12(b) and motions to amend the complaint to join additional parties shall be filed no later than November 28, 2005. IT IS FURTHER ORDERED that if the parties agree to proceed to trial before a magistrate judge, they shall submit to this Court an executed "Consent to Exercise of Jurisdiction By a United States Magistrate Judge and Order of Reassignment." IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement. If a settlement is reached, the parties shall file a Notice of Settlement with the Clerk of the Court and a Stipulation to Dismiss this action with a proposed form of order dismissing this case.

DATED this 3rd day of October, 2005.

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1 2 3 4 5 6 7 Plaintiff, 8 v. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Jurisdiction is (not) disputed. 23 C. 24 the cause of the action, and the relief sought. 25 26 27 28 -4Case 2:03-cv-02077-EHC Document 66 Filed 10/06/2005 Page 4 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) )

No. CIV

-

PHX-EHC

PROPOSED PRETRIAL FORM OF ORDER

Defendant. ____________________________

Pursuant to the Scheduling Order entered ______________________________, 200_, following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ____________________, 200_. A. COUNSEL FOR THE PARTIES (Include mailing address, office phone and fax numbers). Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this

Court jurisdiction. (e.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.)

NATURE OF ACTION. Provide a concise statement of the type of case,

(e.g., - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.)

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D.

CONTENTIONS OF THE PARTIES. With respect to each count of the

complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or the rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the party to prevail on that claim or defense. Citation to relevant legal authority is required. (e.g., To prevail on this products liability case, the plaintiff must prove the following elements . . . .) (e.g., To defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) E. F. G. STIPULATIONS AND UNCONTESTED FACTS CONTESTED ISSUES OF FACT AND LAW LIST OF WITNESSES. A jointly prepared list of witnesses, identifying

each as either plaintiff's or defendant's, and indicating whether a fact or expert witness, must accompany this proposed order. A brief statement as to the testimony of each witness must be included. Additionally, the parties shall designate which witnesses (1) shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. H. LIST OF EXHIBITS. Each party must submit with this proposed order a

list of numbered exhibits, with a description of each containing sufficient information to identify the exhibit, and indicating whether an objection to its admission is anticipated. I. MOTIONS IN LIMINE. Motions in limine shall be served, filed, and

responded to in accordance with the instructions contained in the Rule 16 Scheduling Order. J. K. LIST OF ANY PENDING MOTIONS PROBABLE LENGTH OF TRIAL For a Bench Trial L-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

shall be filed with this proposed order. For a Jury Trial

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L-2.

PROPOSED JURY INSTRUCTIONS, PROPOSED VOIR DIRE

QUESTIONS, PROPOSED JUROR QUESTIONNAIRES, IF ANY, AND PROPOSED FORMS OF VERDICT shall be filed with this proposed order. APPROVED AS TO FORM AND CONTENT: ______________________________ Attorney for Plaintiff ______________________________ Attorney for Defendant

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