Free Scheduling Order - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

General Motors Corporation, et al.,
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Plaintiffs,
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vs. Maritz, Inc., et al., Defendants.

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No. CV-02-2132-PHX-PGR POST-REMAND SCHEDULING ORDER

The Court having reviewed the parties' post-remand Joint Case Management Plan (doc. #103), IT IS ORDERED as follows:1 (1) The parties shall disclose their expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than October 24, 2008. Rebuttal experts and their reports, if any, shall be disclosed no later than November 21, 2008. Expert witness depositions shall be completed by January 23, 2009.

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While the parties have requested that the Court set a deadline for conducting a mediation, it is the Court's policy to allow parties to set their own schedule for conducting a mediation. The parties are advised, however, that it is also the Court's policy not to extend any set pretrial deadlines in order to facilitate mediation - if the parties wish to mediate their dispute, they must do so in conjunction with the deadlines and requirements set forth in this order.
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(2) All discovery, including answers to interrogatories, shall be completed by January 23, 2009, and supplemental disclosures and discovery responses shall thereafter be made as required by Fed.R.Civ.P. 26(e). Discovery which cannot be timely responded to prior to the discovery deadline will be met with disfavor, and could result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. Parties are directed to LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. If parties cannot reach a resolution of discovery disputes arising during depositions, they are directed to arrange a conference call with the Court to resolve the disputes. (3) A Joint Pretrial Statement shall be filed by February 27, 2009. The content of the Joint Pretrial Statement shall include, but not be limited to, that prescribed in a standard form of Joint Pretrial Statement attached as an exhibit to this order. The parties shall augment the Joint Pretrial Statement as necessary so it contains all of the pretrial disclosures as defined and required by Fed.R.Civ.P. 26(a)(3). It shall be the responsibility of the plaintiffs to timely initiate the process of drafting the Joint Pretrial Statement and the plaintiffs shall submit their draft of the Joint Pretrial Statement to the defendants no later than ten business days prior to the date for filing the Joint Pretrial Statement. (4) Motions in limine shall be filed no later than the date of filing of the Joint Pretrial Statement. Responses to motions in limine are due ten business days after service. No replies are permitted. The hearing on the motions in limine, if one is permitted by the Court, will take place at the time of the Pretrial Conference. No motion in limine shall be filed unless a statement of moving counsel is attached thereto certifying that after personal consultation and sincere

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efforts to do so, counsel have been unable to satisfactorily resolve the matter. (5) The attorneys for each party who will be responsible for trial of the lawsuit shall appear and participate in a Pretrial Conference on Monday, April 6, 2009, at 3:00 p.m. in Courtroom 601. Because Pretrial Conferences are held for the parties' benefit, and further because the parties' presence will facilitate frank discussion of the pertinent issues in the lawsuit, each party or a representative with binding settlement authority shall attend the Pretrial Conference. (6) Unless otherwise subsequently ordered by the Court, the parties' trial briefs, proposed jury instructions and voir dire questions shall be filed no later than April 15, 2009.2 (7) Unless otherwise subsequently ordered by the Court, the trial of this action shall commence on Tuesday, April 28, 2009, at 9:00 a.m. in Courtroom 601. (8) The parties are cautioned that the deadlines set in this Scheduling Order shall be enforced, and that the Court will not entertain any stipulations to continue them - any request to extend any of the deadlines set herein must be made by means of a motion, joint or otherwise, and no such motion shall be granted unless very good cause is shown. DATED this 30th day of June, 2008.

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The trial brief shall raise all significant disputed issues of law and fact, including foreseeable procedural and evidentiary issues, and shall set forth the party's positions thereon with supporting arguments and authorities. A form with instructions regarding the marking, listing and custody of exhibits, and a form with instructions regarding the submission of jury instructions, shall be given to counsel at the Pretrial Conference. -3Case 2:02-cv-02132-PGR Document 105 Filed 06/30/2008 Page 3 of 6

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Xxxxxxxx, Plaintiff, vs.

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Yyyyyyyy, Defendant.

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CV ____ P__ PGR JOINT PRETRIAL STATEMENT

Pursuant to the Scheduling Order entered on _______________,
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the following is the parties' Joint Pretrial Statement.
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A.

COUNSEL FOR THE PARTIES.

Include mailing address,

office phone and fax numbers. B. STATEMENT OF JURISDICTION. Cite the facts and the

statute(s) which give this Court jurisdiction. C. PARTIES REMAINING IN ACTION. List the parties named in

the operative complaint who have not been dismissed from the action. If any of the remaining parties have not been served,

list those parties separately. D. CLAIMS/CAUSES OF ACTIONS REMAINING IN ACTION. List by

name and count number (if any) the claims or causes of action in the operative complaint that have not been previously dismissed.

EXHIBIT TO ORDER
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E.
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NATURE OF ACTION.

Provide a concise statement of the

type of case, the cause of action, and the relief sought. F.
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CONTENTIONS OF THE PARTIES.

With respect to each count

of the complaint, counterclaim or cross-claim, and to any defense or 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. legal authority is required. Brief citation to relevant

Statements made shall not be in

form of a question but should be a concise narrative statement of each party's contention as to each uncontested and contested issue. G. H. STIPULATIONS AND UNCONTESTED MATERIAL FACTS. CONTESTED ISSUES OF MATERIAL FACT. Each issue of fact

must be stated separately and in specific terms, as must the parties' contentions as to each issue. I. CONTESTED ISSUES OF LAW. Each issue of law must be

stated separately and in specific terms, as must the parties' contentions as to each issue. J. WITNESSES. List all potential witnesses by name and

address, identifying each as either plaintiff's or defendant's, and indicating (1) whether the witness is a fact or expert witness, (2) whether the witness will be called at trial, may be called at trial, or is unlikely to be called at trial, and (3) if

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outside the Court's subpoena power, whether the witness has been
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contacted to determine if the witness will voluntarily agree to
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testify.
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A brief statement as to the anticipated testimony of

each witness must be included. K.
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LIST OF EXHIBITS.

Potential exhibits shall be numbered

and listed by each party, with a description of each containing sufficient information to identify the exhibit, and indicating as to each exhibit whether the parties have or will agree to its admission or whether an objection is anticipated. The party

opposing the admission of any exhibit shall specify the objection and briefly explain the basis for the objection. Those portions

of depositions that will be read at trial must be listed by page and line number, and objections thereto must be specified. L. filing. M. PROBABLE LENGTH OF TRIAL AND WHETHER A JURY TRIAL OR The reason for any dispute as to whether a jury LIST OF PENDING MOTIONS. Identify by name and date of

BENCH TRIAL.

trial was timely requested must be specified.

APPROVED AS TO FORM AND CONTENT:

_______________________________ Attorney for Plaintiff(s)

Date

_______________________________ Attorney for Defendant(s)

Date

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