Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 Karin Jean Smith, 9 Plaintiff, 10 vs. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED THAT: A Scheduling Conference will be held in the above entitled action on Monday November 14, 2005, at 10:30 a.m. , before Magistrate Judge Charles R. Pyle. The conference will be held telephonically and will be initiated by chambers. The parties are directed to Rule 16 of the Federal Rules of Civil Procedure and this order for the objectives of this conference. Parties are directed, in accordance with Rule 26(f), Federal Rules of Civil Procedure, to be prepared to discuss the following matters: A. Any matters relating to jurisdiction, venue or joinder of additional parties; B. The nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case; C. The scope of discovery, and possible limitations thereof. See FED.R.CIV.P. 26(b)(2). Counsel are expected to comply with Rule 26(f) of the Federal Rules of Civil
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 04-00558-EHC-CRP SCHEDULING CONFERENCE ORDER

Linda Vega, Defendants.

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Procedure and seek to minimize the expense of discovery. In cases where dispositive motions will be filed, counsel should consider limiting discovery to the issue at hand until the Court has ruled on the motion; D. A schedule of all pretrial proceedings, an estimate of the length of trial, and any suggestions for shortening trial; E. Modification of pretrial procedures due to the simplicity or complexity of the case; F. Prospects for settlement, including any request to have a settlement conference before another Magistrate Judge or United States District Court Judge, or participating in any other alternative dispute resolution forum; G. Arrangements for Initial Disclosures in compliance with Rule 26(a)(1), Federal Rules of Civil Procedure. Unless otherwise stipulated or directed by the Court, Initial Disclosures shall be made at or within 14 days after the parties confer; H. Possibility of consent to trial before a United States Magistrate Judge pursuant to 28 U.S.C. §636(c), or reference to a master; I. The potential for using computer-assisted technology in disclosure, discovery or presentation of the case at trial. J. Any other matters which counsel may feel will help dispose of the matter in an efficient and economical manner. It is anticipated that following the telephonic conference, the Court will issue an order addressing the following subjects: 1. The nature of the case, setting forth in brief statements the factual and legal basis of the claims and defenses. The parties shall include a skeletal list of the elements of proof necessary for each count of the complaint and each affirmative defense; 2. The factual and legal issues genuinely in dispute, and whether they can be narrowed by stipulation or motion; 3. The jurisdictional basis of the case, citing specific statutes. If the complaint alleges diversity jurisdiction, parties shall specify the place of incorporation and principal place of

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business of corporations, and the states of citizenship of all members of unincorporated entities including partnerships, LLCs, etc.; 4. Parties, if any, which have not been served, as well as parties which have not filed an answer or other appearance, including fictitious parties. Unless the plaintiff(s) can otherwise show cause, an order shall accompany the joint report dismissing any party which has not been served, fictitious or unnamed parties, or seeking default judgment on any nonappearing party; 5. The names of parties not subject to the Court's jurisdiction; 6. Whether there are further dispositive or partially dispositive issues to be decided by pretrial motions, and the legal issues about which any pretrial motions are contemplated; 7. Whether the case is suitable for reference to a master, or whether the parties consent to trial before a United States Magistrate Judge pursuant to 28 U.S.C. §636(c); 8. The status of related cases pending before other judges of this Court or before other courts; 9. A statement of when Initial Disclosures were made or will be made, or any proposed changes in the requirements for Initial Disclosures set forth in Rule 26(a), Federal Rules of Civil Procedure; 10. Suggested changes, if any, in the limitations on discovery imposed by the Local Rule 16.2 and the Federal Rules of Civil Procedure; 11. Proposed deadlines for: (a) filing motions to amend the complaint and to join additional parties; (b) pretrial disclosure of lay witnesses, expert witnesses, and expert testimony pursuant to Rule 26(a)(2) and (3), Federal Rules of Civil Procedure; (c) completing discovery; (d) filing dispositive motions; (e) lodging proposed joint pretrial order; and (f) filing a joint letter to the Court concerning the status of settlement discussions; -3Case 2:04-cv-00558-EHC Document 21 Filed 10/05/2005 Page 3 of 4

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12. Estimated date and length of trial; 13. Whether a jury trial has been requested; 14. The prospects for settlement, including any request to have a settlement conference before another Magistrate Judge or United States District Court Judge, or other request of the Court for assistance in settlement efforts; 15. Whether any unusual, difficult, or complex problems or issues exist that would require this case to be placed on the complex track for case management purposes; and 16. The potential for using computer-assisted technology in disclosure, discovery or the presentation of the case at trial. 17. Any other matters that the parties feel will aid the Court in expediting the disposition of this matter efficiently. After the conference, the Court will enter a Scheduling Order, which shall control the course of this action, unless modified by subsequent Order. The parties are cautioned that the deadlines set at this conference shall be enforced. It is the responsibility of the plaintiff(s) to initiate the communication necessary to prepare this joint report. This Court views this Scheduling Conference as critical to its case management responsibilities and the responsibilities of the parties under Rule 1, Federal Rules of Civil Procedure. DATED this 4th day of October, 2005.

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