Free Order - District Court of Arizona - Arizona

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This is the time set for informal Rule 16 scheduling conference. Plaintiffs are

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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represented telephonically by counsel, Douglas H. Clark, and Louis C. Webb, who is

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physically present. Defendants are represented telephonically by counsel, Christopher Staring.

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Court reporter is not present.

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Pursuant to the parties' agreement and good cause appearing, the Court will

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hereinafter set the dates for the filing of the proposed joint final pretrial order, the final pretrial

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conference, the ERISA trial to the Court and other deadlines. See, document # 126. The

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parties agree that no motions in limine need be filed in a trial to the Court in this case.

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IT IS ORDERED that the attorneys who will be responsible for the trial of this

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lawsuit shall prepare, sign and lodge a proposed Joint Final Pretrial Order with the Clerk no

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later than 5:00 p.m. on Monday, November 28, 2005. Counsel shall exchange drafts of the

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proposed Joint Pretrial Order no later than ten (10) days before the submission deadline.

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Case 2:03-cv-01373-LOA Document 130 Filed 10/28/2005 Page 1 of 3

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IT IS FURTHER ORDERED that the content of the proposed Joint Final Pretrial Order shall include, but is not limited to, that prescribed in the form of the proposed Joint Final Pretrial Order attached hereto as may be applicable in a bench trial. Statements made shall not be in the form of a question, but shall be a concise narrative statement of each party's contention as to each uncontested and contested issue. The parties are encouraged to stipulate to as many undisputed, relevant facts to the issues in this ERISA trial, and contain them in the proposed Joint Final Pretrial Order, in order to reduce unnecessary delay and expense in the trial of this matter. Rule 1, FED.R.CIV.P.

IT IS FURTHER ORDERED that, 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 after the Final Pretrial Conference or introduce in evidence during trial any exhibits, witnesses, or other information or make any objections to such witnesses, exhibits or information that were not specifically identified and disclosed 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, 415 F.3d 1015, 1020 (9 th Cir. 2005).

IT IS FURTHER ORDERED that the attorneys for each party who will be responsible for trial of this lawsuit shall appear and participate in a Final Pretrial Conference on Thursday, December 1, 2005 at 3:00 p.m. in Courtroom 302 on the third floor of the Sandra Day O'Connor U.S. Courthouse, 401 E. Washington, Phoenix, Arizona, 85003-2120. IT IS FURTHER ORDERED that since this ERISA trial will be tried to the

Court, rather than to a jury, in addition to filing a proposed Joint Final Pretrial Order, each party shall lodge proposed findings of fact and conclusions of law in concise, separately numbered paragraphs by the same date the proposed Joint Final Pretrial Order is due. These proposed findings of fact and conclusions of law shall be submitted in both written form and on an IBM-compatible computer disk in WordPerfect® 9.0 format.
IT IS FURTHER ORDERED setting the trial of this matter to the Court, beginning on Wednesday, December 7 and Thursday, 8, 2005 (two trial days only) in Courtroom 302 on the third floor of the Sandra Day O'Connor U.S. Courthouse, 401 E.

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Washington, Phoenix, Arizona. Unless otherwise ordered, time for each trial day shall be from 10:00 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m. with short breaks periodically. Counsel shall be at or near the courtroom every day by 9:45 a.m. and 1:15 p.m. in the event unexpected issues develop that need the attention of, or be resolved by, the Court. IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement and should settlement be reached, the parties shall immediately file a Notice of Settlement with the Clerk of the Court with a copy faxed to this Court's chambers at (602) 322-7629. LRCiv. 40.2(d). This Court views compliance with the provisions of this Order as critical to its case management responsibilities under Rule 1, FED.R.CIV.P., and the Civil Justice Reform Act of

1990. 28 U.S.C. §471 et seq.. DATED this 28th day of October, 2005.

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