Free Order - District Court of Arizona - Arizona

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10 UNITED STATES DISTRICT COURT
11 DISTRICT OF ARIZONA
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I3 STUART J. REILLY, CASE NO. CIV 02-2218-PHX—BTNl
M _ Plaintiff,
15 ORDER (1) SETTING FORM
v. OF PRETRIAL ORDER; (2) GRANTING
16 DEFENDANT$’ REQUEST FOR A
CHARLES M. BREWER, Ltd. Profit PRETRIAL CONFERENCE; AND {3)
.,7 Sharing Plan and Trust. a retirement SETTING ORAL ARGUMENT,
plan; CHARLES M. BREWER, Ltd. FRETRLQL CONFERENCE, AND TRIAL
1 8 Restated Pension Ptan, a retirement DATES
plan; and CHARLES M. BREWER,
Ig Defendants.
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21 On November 10, 2005, the Court held a status conference inthe above captioned
22 matter. ln order to identify the claims to be tried and eliminate delay and surprise at trial, the
23 court enters the following pretrial order pursuant to Fed.R.Civ.P. 16. Additionally, the court
24 GRANTS the Defendants request [docket #195] for a pretrial conference.
25 As discussed at the status conference, the Court also hereby sets several dates. Oral
25 argument on the respective parties' motions for summary judgment and other outstanding
27 motions wilt be held on December 18, 2005 at 4pm in the courtroom of the Honorable Barry
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csv 02-2218
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Case 2:02—cv—02218—BTlVI—LSP Document 230 Filed 11/16/2005 Page 1 Of 3

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1 Ted Moskowitz in San Diego. At th status hearing, pursuant to Fed. R. Civ. P. 77(b), all
2 parties consented to holding argument in San Diego. The pretrial conference is scheduled for
sJél1llfifY 18; 2006 at 11 am, and will occurtelephonically. The parties must submit a proposed
4 pretrial order and Memoranda of Law and Contentions of Fact by January 12,2006 The trial
5 will begin Tuesday, January 31, 2006at Bam at the Sandra Day O'Connor U.S. Courthouse
6 in Phoenix. Trial will be held on all Tuesdays, Wednesdays, and Thursdays thereafter until
7 completion. I
B The parties shall meet and confer and prepare a proposed pretrial order containing the
9 following:
10 1. A list of the causes of action to be tried, referenced tothe pleadings. For each
11 cause of action, the order shall succinctly list the elements ofthe claim, damages and any
12 defenses. A cause of action in the pleadings which is not listed shall be dismissed with
13 prejudice.
14 2(a). A list of each witness that counsel actually expects to call at trial with a brief
15 statement, not exceeding four sentences, of the substance of the witnesses testimony.
16 2lb). A list of each expert witness that counsel actually expects to call at trial with a
17 brief statement, not exceeding four sentences, of the substance of the expert witnesses'
18 testimony.
19 2(c). A list of additional witnesses including experts that counsel do not expect to call
20 at this time but resenr the right to cali at trial along with a brief statement, not exceeding four
21 sentences, ofthe substance ofthe wltnesses' testimony.
22 3la). A list of all exhibits that counsel actually expect to offer at trial with a
23 one-sentence description of the exhibit.
24 3(b). A list of all other exhibits that counsel do not expect to offer at this time but
25 reserve the right to offer if necessary at trial with a one-sentence description ofthe exhibit.
26 4. A statement of all facts to which the parties stipulate.
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Civ 02-2213
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1 5. A list of all deposition transcripts by page and line, or videotape depositions by
2 section. that will be offered at trial. The proponent of the deposition snail prepare a copy of
3 all portions to be read.
4 The court encourages the parties to consult with the assigned magistrate judge to work
5 out any problems in preparation ofthe proposed pretrial order. The court will entertain any
6 questions concerning the conduct of the trial at the pretrial conference. I
7 [T IS SO ORDERED. /
E Dated:
HONORABLE BARRY TED MOSK TZ `
10 United States District Judge
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crv 02-221a
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