Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, L.L.C., as ) Trustee for the Visitalk Creditors' ) Trust, ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ____________________________________)

No. 2:02-cv-2405-HRH

SECOND AMENDED ORDER FOR PRETRIAL PROCEEDINGS AND FINAL PRETRIAL CONFERENCE A preliminary pretrial conference was held in this case on November 13, 2007. At that time, counsel were advised that it will be necessary to reschedule trial of this case, and counsel informed the court that they needed a three-week postponement of pretrial filing dates specified in the court's amended order for pretrial proceedings and final pretrial conference of July 18, 2007.1 The January 29, 2008, trial date for this case is vacated. Trial is rescheduled for 9:00 a.m. on Monday, March 3, 2008, at Phoenix, Arizona. The court's amended pretrial order had reserved The court has come to

four weeks for the trial of this case.

believe that a bench trial of this case should not take more than three weeks; and counsel shall gear their trial preparation to
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complete presentation of all evidence by the close of business on March 21, 2008. In accordance with counsel's request, pretrial compliance dates are modified as follows: (1) (2) (3) (4) (5) (6) (7) Joint Statement of Issues:2 Statement of Uncontested Facts: Final Trial Witness List: Exhibit Preparation: Motions: Briefs: Final Pretrial Conference: December 17, 2007 December 17, 2007 December 17, 2007 December 17, 2007 December 17, 2007 February 1, 2008 February 8, 20083 1:30 p.m. (AST) [3:30 p.m. (Arizona] March 3, 2008, to March 21, 2008

(8)

Trial by Court:

Except as specified in this order, all provisions of the court's amended order for pretrial proceedings and final pretrial conference of July 18, 2007,4 remain in effect. The court adds the following additional comments and/or

revisions of the amended order for pretrial proceedings: (1) The parties' statement of issues shall be grouped with

reference to the various causes of action that are to be tried and This statement of issues should focus upon the elements of each of the various causes of action to be tried. The parties may participate telephonically in this final pretrial conference by making advance arrangements for a conference call.
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shall have as their focus the elements of each such cause of action. (2) The statement of uncontested facts shall be grouped with

reference to the various causes of action that are to be tried. (3) With respect to exhibits, plaintiff's exhibits shall be Defendant's exhibits beginning at some

sequentially numbered beginning with "0001". shall be similarly numbered sequentially,

convenient point (such as "1001") beyond plaintiff's sequential numbering of exhibits. The parties will please not employ alpha

characters, as that process becomes unacceptably cumbersome after approximately 52 exhibits. (4) Also with respect to exhibits, when assembling their

exhibits, the parties shall endeavor, to the greatest degree possible, to group related exhibits in a logical fashion -- probably by subject matter or cause of action. (5) Also with respect to exhibits, it is local practice for

original exhibits to be placed with and requested from the court's in-court clerk as needed by counsel in the course of trial. cases involving many documents, that process consumes In an

unacceptable amount of time.

Therefore, counsel shall personally

retain control of the originals of their respective exhibits, and shall assemble them in appropriate folders to be delivered to the sponsoring witnesses when they are first called. acceptable for counsel to suspend witness It will not be for

interrogation

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(6)

With regard to trial briefs, the statement of authorities

which the court expects shall include a recitation of the elements that must be proved to make out each of the various causes of action that are to be tried. In written closing arguments, the

court will expect the parties to set forth separately these same elements as to each of the various causes of action tried, together with the parties' summary of the relevant evidence produced at trial, with citations to the record of testimony and exhibits. DATED at Anchorage, Alaska, this 30th day of November, 2007. /s/ H. Russel Holland United States District Judge

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