Free Scheduling Order - 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 Pursuant to the status hearing on November 28, 2005, and the Court being fully advised, IT IS ORDERED that a jury trial in this matter is set for Tuesday, February 14, 2006 at 9:00 a.m. IT IS FURTHER ORDERED that the parties personally, or by counsel who will be responsible for trial of the lawsuit, shall appear and participate in a Final Pretrial Conference
Case 2:02-cv-02245-EHC Document 129 Filed 12/01/2005 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Plaintiff, ) ) vs. ) ) ) Intel Corporation, ) ) Defendant. ) ) ) ) Intel Corporation, ) ) Counterclaimant, ) ) vs. ) ) Ammar Halloum and Sawsan Hamad, ) ) Counterdefendants. ) ) __________________________________)

Ammar Halloum,

No. CIV 02-2245-PHX-EHC ORDER

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on Monday, February 6, 2006 at 10:00 a.m. in the United States Courthouse, 401 W. Washington, Phoenix, Arizona. IT IS FURTHER ORDERED that a Joint Proposed Pretrial Order shall be filed and an electronic copy sent to chambers by January 24, 2006. The electronic copy shall be in the format prescribed by the Case Management/Electronic Case Filing Administrative Policies and Procedures Manual. The content of the proposed pretrial order shall include, but not be limited to, that prescribed in the Form of Pretrial Order attached. Statements made shall not be in the form of a question, but should be a concise statement of each party's contention as to each contested and uncontested issue. IT IS FURTHER ORDERED that in addition to filing a Proposed Pretrial Order, each party shall also file proposed jury instructions, proposed voir dire questions, proposed questionnaires, if any, as well as proposed forms of verdict. These documents shall be filed by the same date the Proposed Pretrial Order is due. IT IS FURTHER ORDERED that any final pretrial disclosures required under Fed.R.Civ.P. 26(a)(3) are due 30 days before trial. IT IS FURTHER ORDERED that if the parties agree to proceed to trial before a magistrate judge, they shall submit to this Court an executed "Consent to Exercise of Jurisdiction By a United States Magistrate Judge and Order of Reassignment." IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement. If a settlement is reached, the parties shall file a Notice of Settlement with the Clerk of the Court and a Stipulation to Dismiss this action with a proposed form of order dismissing this case. DATED this 28th day of November, 2005.

-2Case 2:02-cv-02245-EHC Document 129 Filed 12/01/2005 Page 2 of 4

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 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 -3Case 2:02-cv-02245-EHC Document 129 Filed 12/01/2005 Page 3 of 4

Plaintiff, v.

Defendant. ____________________________

) ) ) ) ) ) ) ) ) )

No. CIV

-

PHX-EHC

PROPOSED PRETRIAL FORM OF ORDER

Pursuant to the Scheduling Order entered ______________________________, 200_, following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ____________________, 200_. COUNSEL FOR THE PARTIES (Include mailing address, office phone and fax numbers). Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court jurisdiction. (e.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) Jurisdiction is (not) disputed. C. NATURE OF ACTION. Provide a concise statement of the type of case, A.

the cause of the action, and the relief sought. (e.g., - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.) D. CONTENTIONS OF THE PARTIES. With respect to each count of the

complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or the rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the party to prevail on that claim or defense. Citation to relevant legal authority is required. (e.g., To prevail on this products liability case, the plaintiff must prove the following elements . . . .)

1 2 E. 3 F. 4 G. 5 6

(e.g., To defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) STIPULATIONS AND UNCONTESTED FACTS CONTESTED ISSUES OF FACT AND LAW LIST OF WITNESSES. A jointly prepared list of witnesses, identifying

each as either plaintiff's or defendant's, and indicating whether a fact or expert witness, must accompany this proposed order. A brief statement as to the testimony of each 7 witness must be included. Additionally, the parties shall designate which witnesses (1) 8 shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. 9 H. 10 list of numbered exhibits, with a description of each containing sufficient information to 11 identify the exhibit, and indicating whether an objection to its admission is anticipated. 12 I. 13 responded to in accordance with the instructions contained in the Rule 16 Scheduling 14 Order. 15 J. 16 K. 17 For a Bench Trial 18 L-1. 19 shall be filed with this proposed order. 20 For a Jury Trial 21 L-2. 22 QUESTIONS, PROPOSED JUROR QUESTIONNAIRES, AND PROPOSED 23 FORMS OF VERDICT shall be filed with this proposed order. 24 APPROVED AS TO FORM AND CONTENT: 25 26 27 28 -4Case 2:02-cv-02245-EHC Document 129 Filed 12/01/2005 Page 4 of 4

LIST OF EXHIBITS. Each party must submit with this proposed order a

MOTIONS IN LIMINE. Motions in limine shall be served, filed, and

LIST OF ANY PENDING MOTIONS PROBABLE LENGTH OF TRIAL

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

PROPOSED JURY INSTRUCTIONS, PROPOSED VOIR DIRE

______________________________ Attorney for Plaintiff

______________________________ Attorney for Defendant