Free Order - District Court of Arizona - Arizona

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Case 2:02-cv-02036-MHM Document 366 Filed 06/21/2007 Page 1 of 3 2.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Erchonia Medical Inc., Plaintiff, vs.

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No. CV 02-2036-PHX-MHM ORDER REGARDING FINAL PRETRIAL CONFERENCE

All parties are ordered to comply with the deadlines established in this order. IT IS THEREFORE ORDERED: 1. The attorneys for each party who will be responsible for trial of the lawsuit shall APPEAR and PARTICIPATE in a Final Pretrial Conference on August 13, 2007 at 3:00 p.m. in Courtroom 505, Sandra Day O'Connor Courthouse, 401 West Washington, Phoenix, Arizona. Because the Final Pretrial Conference is held for the benefit of all parties, and further because the presence of all parties will facilitate frank discussion of the pertinent issues in the lawsuit, each party, or a representative with binding settlement authority if the party is an entity, shall attend the Final Pretrial Conference. The Plaintiff shall appear in person. A Joint Proposed Pretrial Order, in the form located on the Court's website, shall be lodged by July 16, 2007.

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3.

The parties shall file and serve all Motions in Limine no later than July 16, 2007. Responses to Motions in Limine are due ten (10) days after service. No replies are permitted. The hearing on the Motions in Limine will take place at the time of the pretrial conference unless otherwise ordered by the Court.

4.

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 also submit Proposed Findings of Fact and Conclusions of Law on the same dates the Joint Proposed Pretrial Order is due. If, however, the case is to be tried to a jury the parties are advised that they will be required to file with the Joint Proposed Pretrial Order the following: A. A joint stipulated set of voir dire questions to be added to the Court's standard questionnaire and/or to be given by the Court. The voir dire questions shall be drafted in a neutral manner. If the parties have any disagreement about a particular question, the party proposing the question will set it forth in the joint pleading and the party objecting shall set forth the reason for their objection below the question and offer alternative questions. B. Joint jury instructions. The instructions shall be accompanied by citations to legal authority. If the parties have any disagreement about any particular instruction, the party proposing the instruction will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternate instruction. C. Joint stipulated form of verdict. If the parties have any disagreement about the form of verdict, the party proposing the form will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternative form of verdict. D. The Joint Proposed Pretrial Order shall be filed in lieu of the requirements of Federal Rule of Civil Procedure 26(a)(3). -2-

Case 2:02-cv-02036-MHM

Document 366

Filed 06/21/2007

Page 2 of 3

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The joint stipulated set of voir dire questions, joint jury instructions, and joint stipulated form of verdict shall also be submitted to the Court on a 3 1/4" diskette in Wordperfect for Windows, 9.0. The trial of this matter will commence on September 18, 2007 at 9:00 a.m. in Phoenix, Arizona. This is a firm trial date and will only be vacated by this Court for good cause. This Court views compliance with the provisions of this Order as critical to its case management responsibilities and the responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure. DATED this 21st day of June, 2007.

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