Hy Cite Corporation v. Badbusinessbureau.co, et al

Filing 54

Hy Cite Corporation v. Badbusinessbureau.co, et al

Doc. 54

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A scheduling conference is set for May 15, 2006 at 9:45 a.m. Counsel are directed to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the conference. At least one of Hy Cite Corporation, a Wisconsin corporation, Plaintiff, vs. Badbusinessbureau.com, LLC, Ed Magedson, and Xcentric Ventures, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIV 04-2856-PHX-EHC ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

the attorneys for each party attending the conference shall have authority to enter into stipulations and make admissions regarding all matters which may be discussed. Parties are directed to meet at least 21 days before the conference, in accordance with Rule 26(f), Federal Rules of Civil Procedure, to discuss the following matters: A. Any matters relating to jurisdiction or venue or the

joinder of additional parties; B. The nature and bases of their claims and defenses and the

possibilities for a prompt settlement or resolution of the case;

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C. D.

A schedule of all pre-trial proceedings; Modification of pre-trial procedures due to the

simplicity or complexity of the case; E. Arrangements for Initial Disclosures in compliance with Unless otherwise

Rule 26(a)(1), Federal Rules of Civil Procedure.

stipulated or directed by the Court, Initial Disclosures shall be made at or within 10 days after the meeting of the parties; and F. Any other matters which counsel may believe will help

dispose of the matter in an efficient manner. G. At this meeting Parties shall develop a Proposed

Discovery Plan which shall include proposals concerning: 1. Suggested changes in the timing, form, or requirement

for disclosures under Rule 26(a), Federal Rules of Civil Procedure, including a statement of when Initial Disclosures were made or will be made; 2. The scope of discovery, when discovery should be

completed, and whether discovery should be conducted in phases or should be limited to or focused upon particular issues. For

example, where dispositive motions will be filed (e.g., motions for summary judgment or a defense relying on the statute of limitations) counsel should consider limiting discovery to the issue at hand until the court has ruled on the motion; and Counsel are expected to comply with Rule 26, Federal Rules of Civil Procedure, and to minimize the expense of discovery. H. Counsel shall file with the Court, not less than ten days conference, a joint report reflecting the The

before this scheduling

results of their meeting and outlining the discovery plan.

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report shall include individually numbered brief statements indicating: 1. The nature of the case: the factual and legal basis

of Plaintiff(s) claims and Defendant(s) defenses. 2. The factual and legal issues genuinely in dispute

and whether they can be narrowed by stipulation or motions. 3. The jurisdictional basis of the case, citing

specific statutes. 4. 5. jurisdiction. 6. Whether there are further dispositive or partially The parties, if any, that have not been served. The names of parties not subject to the Court's

dispositive issues to be decided by pre-trial motions. 7. Whether the case is suitable for reference to

arbitration, to a master, or to a United States Magistrate Judge for trial. 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. Proposed deadlines for: (a) discovery; (b) filing dispositive motions; (c) disclosure of expert testimony under Rule 26(a)(2)(C), Federal Rules of Civil Procedure; and (d) filing pre-trial statement. -3Document 54 Filed 04/06/2006

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11. 12. 13.

Estimated length of trial. Whether a jury trial has been requested. The prospects for settlement. Does any party wish

to have a settlement conference with another District Judge or Magistrate Judge? 14. How can settlement efforts be assisted?

Any unusual, difficult, or complex problems

affecting the conduct of the case or which would require the case to be placed on the complex track for case management purposes pursuant to Local Rule 16.2. 15. Any other matters which counsel believe will aid the

Court in expediting the disposition of this matter efficiently. After the conference the Court will enter an Order limiting the time within which counsel may file pre-trial motions, complete discovery, and file the proposed pre-trial order. The Court's

Order shall control the course of the action unless modified by subsequent Order. Out-of-state counsel may participate in the scheduling conference by telephone by advance arrangement, contacting the Court at [phone].

DATED this 6th day of April 2006.

cc: all counsel of record

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