Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

) ) ) ) ) Plaintiffs, ) ) vs. ) ) 5. Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) 6. Carl Brown; ) 7. Molly Brown; ) 8. Greg Brown; ) 9. Jane Doe Brown; ) 10. Does 1-10; ) 11. XYZ Corporations; ) 12. Black Partnerships; ) ) Defendants. ) _________________________________)

1. 2. 3. 4.

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

Case No. CIV 2003-0100 PHX ROS AMENDED RULE 16 SCHEDULING ORDER

Pursuant to the terms of the parties' July 31, 2006 Joint Motion to Extend the Discovery and Dispositive Motions Deadline and Request for Expedited Ruling, all parties shall comply with the revised deadlines established in this Order. A. The Federal Rules of Civil Procedure as amended and made effective

December 1, 2002 by the Supreme Court of the United States shall apply to all proceedings concerning this case. B. All Initial Disclosures as defined in FRCP 26(a)(1), if not already disclosed

prior to the Scheduling Conference, shall be made no later than five (5) days after the date of the entry of this Order, or in the alternative, no later than April 3, 2006. C. To satisfy the requirements of FRCP 26(a)(1), the parties shall file with the

Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures. D. Procedural motions including Motions to Amend the Complaint or Answer, and

Motions to Join Additional Parties shall be filed no later than May 5, 2006. All Motions to Amend shall attach a copy of the proposed complaint or answer.
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E.

The Plaintiffs shall disclose the identity of all persons who may be used at trial

to present evidence under Federal Rules of Evidence (FRE) 701, 702, 703, 704, and 705 no later than June 2, 2006. The Defendants shall disclose the identity of all persons who may be used at trial to present evidence under FRE 701, 702, 703, 704, or 705 no later than July 7, 2006. No deposition of any expert witness shall occur before the disclosures concerning expert witnesses mandated by this Order have been made. The disclosures of the identities of all persons who may be used at trial to present evidence under FRE 701,702, 703, 704, or 705 shall also include all of the disclosures required by FRCP 26(a)(2)(B) if the witness is either (1) retained or specifically employed to provide expert testimony in the case, or (2) is an agent or employee of the party offering the testimony whose duties regularly involve giving expert testimony.1 F. All discovery, including answers to interrogatories, production of documents,

depositions and requests to admit shall be completed by October 6, 2006. G. The parties shall finally supplement all discovery, including material changes

in expert witness opinions and material disclosures, pursuant to FRCP 26(a)(3), of all exhibits to be used and all witnesses to be called at trial, on or before September 22, 2006.2 H. Discovery by interrogatory shall be governed by the national uniform

requirements set forth in FRCP 33. I. Depositions shall be limited by the national uniform requirements set forth in

Rules 30, 31, and 32 of the FRCP.

The parties are on notice that this Order requires disclosure different than that required by FRCP 26(a)(2). The parties are on notice that this order supercedes the "30 days before trial" disclosure deadline contained in FRCP 26(a)(3). Therefore, failure to timely supplement pursuant to Rule 26(e), including attempts to include witnesses and exhibits in the Proposed Final Pretrial Order or at trial that were not previously disclosed in a timely manner may result in the exclusion of such evidence at trial or the imposition of other sanctions including dismissal and the imposition of default pursuant to FRCP 37, the Local Rules of Civil Procedure of the District Court, and the inherent power of the Court.
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J.

Motions on discovery matters are strongly discouraged. Parties are directed

to Local Rule of Civil Procedure (LRCiv) 7.2(j), which prohibits filing discovery motions unless parties have first met to resolve any discovery difficulties. If the parties cannot reach a resolution, they are directed to jointly arrange with the Court a conference call to resolve the matter orally in court in lieu of filing a formal motion. Once the call is made, the Court will provide further directions concerning preparations for the conference call. K. This Order contemplates that each party will conduct discovery to permit

completion within the deadline. Any discovery which results in insufficient time to undertake necessary additional discovery and which requires an extension of the discovery deadline will be met with disfavor, will only be granted for good cause or only to prevent manifest injustice pursuant to FRCP 16(b) and (e), and may result in denial of an extension, exclusion of evidence, or the imposition of other serious sanctions pursuant to FRCP 37(b),(c),(d). L. All dispositive motions shall be filed no later than November 10, 2006. Unless

permitted by Order of the Court, only one dispositive motion is allowed to be filed by each party. M. All parties are specifically admonished that pursuant to LRCiv 7.2(i), "[i]f a

motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda, or if counsel for any party fails to appear at the time and place for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily." N. The parties shall keep the Court apprized of settlement negotiations and the

progress of discovery. A joint letter to the Court concerning the status of settlement discussions (containing no specific settlement terms or offers) and the progress of discovery shall be submitted by June 16, 2006 and initially labeled 'FIRST NOTICE OF DISCOVERY AND SETTLEMENT," and shall be subsequently submitted every FOUR (4) months thereafter. If settlement is reached the parties shall file a Notice of Settlement with the Clerk of the Court with a copy to Judge Silver's Chambers.
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O.

A Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement of

the Case, Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions to be added to the Court's standard Jury Questionnaire shall be lodged and filed by January 5, 2007. If dispositive motions have been filed, the Joint Proposed Pretrial Order and Motions in Limine and other documents shall be due either on the above date or 30 days following resolution of the dispositive motions, whichever is later. The content of the Joint Proposed Pretrial Order is that prescribed in the Court's form of Joint Proposed Pretrial Order. [See Court's website: www.azd.uscourts.gov under "Judges and Courtrooms/Orders, Forms & Procedures"). Responses to Motions in Limine are due 15 days after the Motions are filed, and no Replies are permitted unless specifically ordered by the Court. P. If the case will be tried to the Court, rather than to a jury, in addition to filing

a Joint Proposed Pretrial Order, each party shall file Proposed Findings of Fact and Conclusions of Law on the same date the Joint Proposed Pretrial Order is due. Q. The attorneys who will be trying the case for each of the parties shall appear

at the Final Pretrial Conference, that will be scheduled as promptly as possible after the filing of the Joint Proposed Pretrial Order. The attorneys appearing at the conference shall be prepared to address the merits of all issues raised in the Joint Proposed Pretrial Order and fully briefed Motions in Limine. Unless one has already been established, the Court will set a firm trial date at the Pretrial Conference, and will sign the Final Pretrial Order with any additional instructions for trial preparation. R. Any other final pretrial matters required pursuant to FRCP 26(a)(3) are due in

accordance with this Order prior to the preparation and filing of the Joint Proposed Pretrial Order. S. The parties shall file their proposed voir dire questionnaire and questions,

statement of the case, jury instructions, and form of verdict in WordPerfect 9.0 format in addition to other written materials filed with the Clerk of the Court. T. An Interim Rule 16 Status Hearing is scheduled for September 29, 2006 at

8:30 a.m. Seven (7) days prior to the Interim Hearing counsel are to prepare and file a Joint
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Status Report. This Court views compliance with the provisions of this Order as critical to its case management responsibilities and the responsibilities of the parties under FRCP 1. DATED this 2nd day of August, 2006.

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