Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Charles Ryan, et al., 13 Defendant. 14 15 16 Christian Diaz, 17 Plaintiff, 18 vs. 19 20 21 22 23 24 25 26 Terry L. Stewart, et al. 27 28
Case 2:03-cv-01498-SRB Document 91 Filed 01/27/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Isadore Baptisto, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV03-1393-PHX-SRB ORDER

No. CV03-1498-PHX-SRB

Dora Schriro, et al. Defendants.

T.C. Mullins, Plaintiff, vs.

No. CV02-1056-PHX-SRB

1 These cases were scheduled to be tried in a two day bench trial in December 2005. 2 The trial date was vacated by the Court because of pending criminal matters that required the 3 Court's time. The Court is ready to schedule the trial of these three cases in February 2006. 4 Plaintiffs and counsel for Defendants shall advise the Court, not later than Friday, February 5 3, 2006, of their availability and the availability of their witnesses during the month of 6 February. Upon receipt of these notifications the bench trial will be reset. 7 The Joint Proposed Pretrial Order prepared by counsel for Defendants in Plaintiff 8 Baptisto's case recites that Plaintiff requests a jury trial pursuant to Rule 38(a)(d) (sic). The 9 Court has reviewed the pleadings in this case. They are voluminous but the Court was unable 10 to find any timely demand for a jury trial. If Plaintiff or Defendants believe a timely jury 11 demand was made in Mr. Baptisto's case, they shall advise the Court where this timely 12 demand can be found or advise the Court that they were mistaken in the Joint Proposed 13 Pretrial Order concerning the demand. Absent a timely jury demand Plaintiff Baptisto's case 14 will be tried to the Court with the cases of Plaintiffs Diaz and Mullins in February 2006. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case 2:03-cv-01498-SRB Document 91 Filed 01/27/2006 Page 2 of 2

DATED this 25th day of January, 2006.