Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A scheduling conference will be held in the above entitled action on October 3, 2005 at the hour of 9:30 a.m. Counsel are directed to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the conference. At least one of the attorneys for each vs. Roger Vanderpool,Sheriff Pinal County, et al., Robert Gant and Betty Gant, Plaintiffs, ) ) ) ) ) ) of) ) ) ) ) ) CIV 03-2077-PHX-EHC O R D E R IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

party attending the conference shall have authority to enter into stipulations and make admissions regarding all matters which may be discussed. Parties are directed to meet at least 14 days before the conference, in accordance with Rule 26(f), Federal Rules of Civil Procedure, to discuss the following matters: A. Any matters relating to jurisdiction or venue or the

joinder of additional parties; B. The nature and bases of their claims and defenses and the

possibilities for a prompt settlement or resolution of the case; C. A schedule of all pre-trial proceedings;

Case 2:03-cv-02077-EHC

Document 61

Filed 08/18/2005

Page 1 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

D.

Modification of pre-trial procedures due to the simplicity

or complexity of the case; E. Arrangements for Initial Disclosures in compliance with Rule 26(a)(1), Federal Rules of Civil Procedure. Unless otherwise

stipulated or directed by the Court, Initial Disclosures shall be made at or within 10 days after the meeting of the parties; and F. Any other matters which counsel may believe will help

dispose of the matter in an efficient manner. G. At this meeting Parties shall develop a Proposed Discovery

Plan which shall include proposals concerning: 1. Suggested changes in the timing, form, or requirement

for disclosures under Rule 26(a), Federal Rules of Civil Procedure, including a statement of when Initial Disclosures were made or will be made; 2. The scope of discovery, when discovery should be

completed, and whether discovery should be conducted in phases or should be limited to or focused upon particular issues. For example, where dispositive motions will be filed (e.g., motions for summary judgment or a defense relying on the statute of limitations) counsel should consider limiting discovery to the issue at hand until the court has ruled on the motion; and Counsel are expected to comply with Rule 26, Federal Rules of Civil Procedure, and to minimize the expense of discovery. H. Counsel shall file with the Court, not less than ten days conference, a joint report reflecting the The

before this scheduling

results of their meeting and outlining the discovery plan. report shall include individually numbered brief

statements

indicating: -2Document 61 Filed 08/18/2005

Case 2:03-cv-02077-EHC

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 statutes.

1.

The nature of the case:

the factual and legal basis

of Plaintiff(s) claims and Defendant(s) defenses. 2. The factual and legal issues genuinely in dispute and

whether they can be narrowed by stipulation or motions. 3. The jurisdictional basis of the case, citing specific

4. 5. jurisdiction. 6.

The parties, if any, that have not been served. The names of parties not subject to the Court's

Whether there are further dispositive or partially

dispositive issues to be decided by pre-trial motions. 7. Whether the case is suitable for reference to

arbitration, to a master, or to a United States Magistrate Judge for trial. 8. The status of related cases pending before other

judges of this court or before other courts. 9. A statement of when Initial Disclosures were made or

will be made, or any proposed changes in the requirements for Initial Disclosures Procedure. 10. Proposed deadlines for: (a) discovery; (b) filing dispositive motions; (c) disclosure of expert testimony under Rule set forth in Rule 26(a), Federal Rules of Civil

26(a)(2)(C), Federal Rules of Civil Procedure; and (d) filing pre-trial statement. 11. 12. Estimated length of trial. Whether a jury trial has been requested. -3Document 61 Filed 08/18/2005

Case 2:03-cv-02077-EHC

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 have a

13.

The prospects for settlement. conference with

Does any party wish to District Judge or

settlement

another

Magistrate Judge? 14.

How can settlement efforts be assisted?

Any unusual, difficult, or complex problems affecting

the conduct of the case or which would require the case to be placed on the complex track for case management purposes pursuant to Local Rule 16.2. 15. Any other matters which counsel believe will aid the

Court in expediting the disposition of this matter efficiently. After the conference the Court will enter an Order limiting the time within which counsel may file pre-trial motions, complete discovery, and file the proposed pre-trial order. The Court's Order

shall control the course of the action unless modified by subsequent Order. Out-of-state counsel may participate in the scheduling

conference by telephone by advance arrangement, contacting the Court at (602) 322-7530.

DATED this 18th day of August 2005.

23 cc: all counsel of record 24 25 26 27 28 -4Document 61 Filed 08/18/2005

Case 2:03-cv-02077-EHC

Page 4 of 4