Free Order on Motion in Limine - 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 The Court expects the depositions to be as abbreviated as possible. Case 2:03-cv-01449-PGR Document 74 Filed 05/09/2006 Page 1 of 5
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Connie B. Pappas,

) ) ) Plaintiff, ) ) vs. ) J.S.B. Holdings, Inc., d.b.a. ) ) R&D Specialty/Manco, ) ) Defendant.

No. CV-03-1449-PHX-PGR TRIAL ORDER

Pursuant to the discussions between the Court and counsel at the Pretrial Conference held on May 8, 2006, IT IS ORDERED that the defendant may take the expedited depositions of Thomas Pappas and Stephanie Pappas, with the subject matter of the depositions being limited to the deponents' expected trial testimony.1 The parties shall cooperate in order

to ensure that the depositions are taken no later than May 22, 2006. IT IS FURTHER ORDERED that the parties, after the personal consultation of their counsel, shall file a joint addendum to their Joint Pretrial Statement no later than June 2, 2006 that

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sets forth a revised witness list and a revised exhibits list in compliance with the requirements of Paragraphs J and K of the Joint Pretrial Statement form. IT IS FURTHER ORDERED that the jury trial in this matter shall commence on Tuesday, June 27, 2006 at 9:00 a.m., in the United States District Court, Courtroom 601, 401 W. Washington Street, Phoenix, Arizona. be four (4) trial days. IT IS FURTHER ORDERED that each party shall file a trial brief no later than Friday, June 16, 2006. The trial brief shall raise all significant disputed issues of law and fact, including foreseeable procedural and evidentiary issues, and shall set forth the party's positions thereon with supporting arguments and authorities. IT IS FURTHER ORDERED that the parties shall file their proposed voir dire questions and proposed jury instructions, together with proposed forms of verdict for each count of the complaint, including special interrogatories, if applicable, no later than June 12, 2006. Proposed jury instructions shall be The maximum length of the trial shall

filed in compliance with LRCiv 51.1, AS MODIFIED BY THE ATTACHED EXHIBIT SETTING FORTH THE COURT'S ADDITIONAL INSTRUCTIONS FOR SUBMITTING JURY INSTRUCTIONS.2 IT IS FURTHER ORDERED that Defendant's Motion in Limine re: Unemployment Compensation (doc.#64), Defendant's Motion in Limine

Counsel are advised that the Court expects these instructions to be followed to the letter. The parties are further advised that they will receive a packet with instructions on the marking and submission of trial exhibits from the Court's courtroom deputy clerk, Traci Abraham, 602-322-7225, approximately two weeks before trial.

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Case 2:03-cv-01449-PGR

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re: Witness Janice Wilt (doc. #65), and Defendant's Motion in Limine re: Witness Mary Williams (doc. #66) are all denied without prejudice. DATED this 8th day of May, 2006.

Case 2:03-cv-01449-PGR

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REQUIREMENTS FOR SUBMITTING CIVIL JURY INSTRUCTIONS IN JUDGE ROSENBLATT'S COURT:

Counsel are warned that improper submission of jury instructions will result in the striking of same.
Counsel to use only 2001 Ninth Circuit Model Civil Jury Instructions, together with any amendments thereto. INSTRUCTIONS FOR E-FILING JURY INSTRUCTIONS WITH THE CLERK OF THE COURT: Counsel to e-file the following: · Jury Instructions with no modifications: If a Ninth Circuit model instruction has no modifications, list only that instruction number and instruction title. Requested/Modified Jury Instructions: If a Ninth Circuit model instruction has a blank, that information must be filled out, in bold, by Counsel, unless it is information that cannot be filled out until the Judge and Counsel go over jury instructions at close of trial. ­ In any event, that modified instruction must now be part of Counsel's requested instructions and must be numbered as such.* ­ If a Ninth Circuit model instruction has been modified,* counsel must type such modification in bold, such that the Court can easily determine which portion of the instruction is the standard, and which portion has been modified. ­ If a Ninth Circuit model instruction has been modified,* counsel must submit each modified instruction on its own page.

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* Any model instruction which has been modified will be considered a "requested instruction" and must be numbered in a consecutive pattern.

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EXHIBIT TO ORDER
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Filed 05/09/2006

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INSTRUCTIONS FOR E-MAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX: Counsel shall e-mail (the subject line of the e-mail shall contained the case number and case name) directly to the Chambers e-mailbox ([email protected]) a "CLEAN COPY" of all modified/requested jury instructions, NO LATER THAN THE DATE INDICATED IN THE TRIAL ORDER, in accordance with the following instructions: Clean Copy of Modified/Requested Jury Instructions: · The CLEAN COPY shall be: · In WordPerfect versions 7 or 9, Windows 98, or 2000, or WordPerfect compatible format. No .pdf documents will be accepted; In COURIER 12pt. font; In NON-CAPITALIZED, DOUBLE SPACED TEXT, with FIVE-SPACE TAB INDENTATION; and Only ONE instruction per page.

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13 · 14 15 16 17 18 · 19 20 21 22 23 24 25 26 27 28 - 2 Case 2:03-cv-01449-PGR Document 74 Counsel must also e-file to the Chambers e-mailbox a clean copy of each and every complete RAJI instruction in accordance with the above instructions under the section: "INSTRUCTIONS FOR E-MAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX." EACH AND EVERY requested RAJI instruction, including its title, its number, and its text. Revised Arizona Jury Instructions (RAJI): IF COUNSEL ARE REQUESTING RAJI, COUNSEL MUST E-FILE TO THE CLERK OF COURT THE FOLLOWING: The CLEAN COPY shall not have any bolding, titles, cites, instruction numbers, pagination, letterhead markings, or similar notations signaling which party submitted them.

ANY QUESTIONS, PLEASE CALL JUDGE ROSENBLATT'S CHAMBERS - 602-322-7510.

EXHIBIT TO ORDER
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Filed 05/09/2006