Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 This is the time set for the Final Pretrial Conference. Plaintiffs are represented 17
telephonically by counsel, Douglas H. Clark, and Louis C. Webb, who is physically present.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

John Roehrs, M.D. and Jean Roehrs, his) ) wife, ) ) Plaintiffs, ) ) vs. ) ) Minnesota Life Insurance Company, et al.,) ) ) Defendants. ) )

No. CV-03-1373-PHX-LOA ORDER

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Defendants are represented telephonically by counsel, Christopher Staring. Court reporter is

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not present.

20 The Court and counsel informally discuss the amended Proposed Joint Final 21 Pretrial Order, lodged with the Court today, which meets with the Court's overall approval. 22 Counsel are directed to have all witnesses properly subpoenaed, available and prepared to 23 testify immediately after the prior witness is excused so that no court time is wasted. 24 The subject trial to the Court will be held in Courtroom 302, Sandra Day 25 O'Connor U.S. Courthouse, 401 W. Washington St., Phoenix, Arizona, beginning on 26 Wednesday, December 7, 2005 and concluding no later than Thursday, December 8, 27 2005. Unless otherwise ordered, time for each trial day shall be from 10:00 a.m. to 12:00 28 noon and from 1:30 p.m. to 4:30 p.m. Counsel shall be at the courthouse every day by 9:30
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a.m. and 1:15 p.m. in the event matters need to be discussed and the trial is not delayed thereby. If either side desires that a witness appear to testify telephonically, a written motion with citation to authorities shall be filed by Friday, December 2, 2005 at 2005. Objections, if any, shall be filed by noon, on Tuesday, December 6, 2005. Reply will not be permitted. The Rule of Exclusion of Witnesses is invoked. Counsel, and each of them, shall instruct all of their actual and potential witnesses of the Rule and its application to every witness, party and/or parties' representative prior to the Court's in-court instruction of the Rule. Counsel shall provide to all other counsel by either a written fax or e-mail a list of the witnesses who will or may be called by that counsel on the next trial day by 6:00 p.m. of the previous trial day. Plaintiff shall give notice to adverse counsel by Tuesday, December 6, 2005, which witnesses or parties he intends to call for cross examination and the day and the time he chooses to do so. Counsel are admonished that speaking objections are not permitted and that sidebar conferences are not favored. Counsel shall stand when addressing the Court and making all objections yet the objecting attorney shall show professional courtesy to opposing counsel to let him or her finish the question before making the objection. At all times during this trial, counsel shall comply with the Standards of Professional Conduct set forth on the District Court's webpage (www.azd.uscourts.gov) under the Attorney Information link. Accordingly, IT IS ORDERED adopting in its entirety, as if fully set forth herein, the Joint Final Pretrial Order signed by the Court and filed separately. IT IS FURTHER ORDERED that all exhibits for the trial shall be pre-marked by counsel or counsel's representative and presented to the Magistrate Courtroom Clerk ("MCC"), Ms. Sherise Marshall, by no later than 3:00 p.m. on Tuesday, December 6, 2005 in accordance with the written instructions that have been provided to counsel by the courtroom clerk. The MCC may be reached at (602) 322-7238 during business hours for scheduling and discussion purposes. All exhibits shall be exchanged between the parties prior to presenting them to the MCC. Duplicate exhibits shall not be presented to the MCC. -2Case 2:03-cv-01373-LOA Document 134 Filed 12/05/2005 Page 2 of 3

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IT IS FURTHER ORDERED pursuant to Federal Rule of Civil Procedure 16(e) and 37(c), the Court will not allow the parties to modify the Joint Final Pretrial Order or introduce at trial any exhibits, witnesses, or other information or to make any objections to exhibits that were not previously specified and/or disclosed as directed by the Court in the Joint Final Pretrial Order, except to prevent manifest injustice. Byrd v. Guess, 137 F.3d 1126, 1132 (9th Cir. 1998); Galdamez v. Potter, ___ F.3d ___ (9th Cir. July 15, 2005). IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement and/or resolution by agreement of any pending issues to avoid unnecessary preparation by the Court. If a settlement be reached, the parties shall immediately file a Notice of Settlement with the Clerk of the Court with a copy to this Court. IT IS FURTHER ORDERED that Defendants' request to reopen the issue of whether the reinstated policy is a new, converted policy is procedurally and substantively DENIED. Defendants' motion for reconsideration of this issue is untimely. LRCiv 7.2(g). Court's staff shall immediately fax a copy of this Order to counsel of record. DATED this 1st day of December, 2005.

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