Free Status Report - District Court of Arizona - Arizona

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1 BEUS GILBERT PLLC
Awoiwevs AT LAW
2 4800 NORTH SCOTTSDALE ROAD
SUITE 6000
3 SCOTTSDALE, ARIZONA 85251
TELEPHONE (480) 429-3000
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Leo R. Beus/AZ Bar N0. 002687
5 Richard H. Herold/AZ Bar No.018396
Linnette R. Flaniganf AZ Bar N0. 019771
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Attorneys for Defendants
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LEWIS AND ROCA LLP
8 40 North Central Avenue
Phoenix, Arizona 85004-4429
Q n
Peter D. Baird/AZ Bar N0. 001978
10 Richard A. Halloran/AZ Bar No. 013858
Cory A. Talbot/AZ Bar N0. 020702
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Attorneys for Brown & Bain, P.A.
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13 UNITED STATES DISTRICT COURT
14 FOR THE DISTRICT OF ARIZONA
15 BROWN & BAIN, P.A., an Arizona Case No. CIV-03-0923-PHX-ROS
16 professional association,
17 Plaintiff, STATUS REPORT REGARDING
t AUGUST 3, 2005 MEDIATION AND
18 1 vs. REMAINING DISCOVERY
19 i JOHN M. O’QUINN, an individual, JOHN
M. O’QUINN & ASSOCIATES L.L.P., a
20 Texas limited liability partnership; JOHN
M. O’QUINN, P.C. a Texas professional
21 corporation; JOHN M. O’QUINN LAW
72 FIRM, PLLC, a Texas limited liability
' _ company; O’QUlNN, KERENSKY &
23 McANINCH; and JANE DOE O’QUINN,
24 i Defendants.
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Qase 2:O3—cv—OO923—ROS Document 114 Filed 08/O9/2005 Page 1 of 3
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I The parties hereby jointly report that a mediation was conducted before Gary
2 Birnbaum on August 3, 2005, from approximately 9:00 a.m. through 3:15 p.m. The
3 Court requested a report of "what occurred" at the mediation, "how close" the parties
4 were to settlement, "whether or not there should be additional discussions," and whether
5 "additional discovery" is necessary. (Hearing Transcript (06/06/05), at 29:5-16.)
6 Paul Eckstein and Joe Mais attended the mediation on behalf of Brown & Bain,
7 1 together with counsel. John Leach and Chris Stead attended the mediation on behalf of
8 the John O’Quinn parties and were represented by counsel, as well. The case did not
9 settle.
l() i The Court requested a report as to "how cl0se" the parties are to settlement. (Id. at
1 1 29:12-13.) The parties are very far from reaching a settlement.
I2 The parties cannot determine at this point whether additional settlement
I3 discussions would be worthwhile, but the parties are prepared to engage in additional
I4 settlement discussions with or without a mediator.
15 V The remaining discovery to prepare the case for trial, as understood at this time,
l6 E includes the following: (1) the conduct of the expert depositions; and (2) final
l7 supplementation of expert discovery, including material changes in expert witness
18 opinions, the deadlines for which are September 13, 2005 and October 3, 2005,
l9 respectively, under the February 22, 2005 Second Amended Rule 16 Scheduling Order.
20 Brown & Bain reserves the right to seek leave of court to submit substantive expert
Zl reports in the event that either its pending Motion to Strike Defendant/Counterclaimants’
ZZ Expert Reports from Geoffrey C. Hazard, Jr., and John Toothman or its Motion for
Z3 l Partial Summary Judgment is denied. The defendants believe that plaintiffs have waived
24 this right under the terms of the existing Second Amended Rule 16 Scheduling Order.

Qase 2:O3—cv—OO923—ROS Document 114 2 Filed 08/O9/2005 Page 2 of 3

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I Thereafter, the case should be ready to proceed to pre-trial filings (due
Z November 13, 2005), the Interim Status Conference (December 16, 2005), and a firm
3 e trial date.
4 I DATED this 9th day of August, 2005.
5 I BEUS GILBERT PLLC
7 i By s/ Richard H. Herold
i Leo R. Beus
8 , Richard H. Herold
Linnette R. Flanigan
9 4800 North Scottsdale Road, Suite 6000
Scottsdale, AZ 85251 A
,0 Attomeys for Defendants
E 1 LEWIS AND ROCA LLP
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13 By s/Richard A. Halloran
Peter D. Baird
Q4 p Richard A. Halloran
I Cory A. Talbot
15 Lewis and Roca LLP
` 40 North Central Avenue
16 Phoenix, AZ 85004-4429
Attorneys for Plaintiff Brown & Bain, P.A.
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18 Original electronically transmitted for filing with the
Clerk of the Court this 9th day of August, 2005.
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20 g Copy of the foregoing hand-delivered the 9th day
of August, 2005, to:
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Honorable Roslyn O. Silver
22 U.S. District Court of Arizona
401 West Washington Street. Suite 624 SPC 59
23 Phoenix, AZ 85003-0001
.24
25 l s/Diana Clauser
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Case 2:03-cv-00923-ROS

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