Hy Cite Corporation v. Badbusinessbureau.co, et al

Filing 66

Hy Cite Corporation v. Badbusinessbureau.co, et al

Doc. 66

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 vs. badbusinessbureau.com, LLC, et al., Defendant s. Hy Cite Corporation, Plaint iff, ) ) ) ) ) ) ) ) ) ) No. CIV 04-2856-PHX-EHC O RDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pursuant to a scheduling conference held on July 31, 2006 and the Court being fully advised, IT IS ORDERED that a jury trial in this matter is set for Tuesday, October 16, 2007 at 9:00 a.m. IT IS FURTHER ORD ERED that the attorneys for each party who will be resp onsible for trial of the lawsuit shall appear and participate in a F i n a l P r et rial Conference on Tuesday, October 9, 2007 at 9:00 a.m. in the United States Courthouse, 401 W. Washingt on, Phoenix, Arizona. IT IS FURTHER ORDERED t h a t a Joint Proposed Pretrial Order shall be filed and an electronic copy sent to chambers by O c t obe r 1, 2007. The electronic copy shall be in t he format prescribed by t h e Case M anagement /Elect ronic Case Filing Administrative Policies and Procedures M anual. The content of the proposed pretrial order s h all include, but not be limited to, that prescribed in the Form of Pretrial Order attached. Statements

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made shall not be in t h e form of a question, but should be a concise statement of each p art y 's contention as to each contested and uncontested issue. IT IS FURTHER ORDERED that in addition to filing a Proposed Pretrial Order, each p art y shall also file proposed jury instructions, proposed voir dire questions, propos e d quest ionn a i res, if any, as well as proposed forms of verdict. These documents shall be filed by the same date the Proposed Pretrial Order is due. IT IS FURTHER ORDERED that any final pretrial disclosures required under Fed.R.Civ.P. 26(a)(3) are due 30 days before trial. IT IS FURTHER ORDERED that motions in limine shall be filed no later than 30 days before trial. The hearing on motions in limine, if necessary, shall take place at the time of the final pretrial conference, or as otherwise ordered. IT IS FURTHER ORDERED that all motions for summary judgment shall be filed by June 15, 2007. This deadline s h a l l t a ke into account the time limits for motions set forth in LRCiv 7.2. IT IS FURTHER ORDERED that each party shall file no more than one mot i o n for summary judgment unless leave of Court is obtained. To obtain leave of Court, a party

shall file a motion setting forth reasons justifying the filing of more than one summary judgment motion. IT IS FURTHER ORDERED that all discovery, including answers to interrogat o r i es and supplements to interrogatories, must be completed by February 28, 2007. The parties are directed to LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. IT IS FURTHER ORDERED that the parties shall disclose expert witnesses, if any, n o lat e r than March 16, 2007, together with a final written report setting forth the exp e r t ' s op inion and the reasons supporting t h a t op i nion. Rebuttal experts shall be disclosed prior t o April 30, 2007. Depositions of experts, if any, shall be completed prior to May 31, 2007.

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IT IS FURTHER ORDERED that if the parties agree to proceed to trial before a magist rat e judge, they shall submit to this Court an executed "Consent to Exercise of Jurisdict ion By a United States M agist rat e Judge and Order of Reassignment." IT IS FURTHER ORDERED that the parties s h a l l keep the Court apprised of the p ossibilit y of set t l e m e n t . If a settlement is reached, the parties shall file a Notice of Set t lement with the Clerk of the Court and a Stipulat i o n t o D i s miss this action with a p rop osed form of order dismissing this case. DAT ED this 31st day of July, 2006.

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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 Defendant . ____________________________ v. Plaint iff, ) ) ) ) ) ) ) ) ) ) PRO PO S ED PRETRIAL FORM OF ORDER No. CIV PHX-EHC FO R THE DIS TRICT OF ARIZONA IN THE UNITED S TATES DIS TRICT COURT

Pursuant to the Scheduling Order entered ______________________________, 200_, following is the joint Proposed Final Pretrial Order to be considered at the Final Pret rial Conference set for ____________________, 200_. A. CO UNS EL FOR THE PARTIES (Include mailing address, office phone and fax numbers). Plaint iff(s): Defendant (s):

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B.

S TATEMENT OF JURIS DICTIO N.

Cite the statute(s) which gives this

Court jurisdiction. ( e.g., Jurisdiction in this case is based on diversity of citizenship under T i t l e 28 U.S.C. § 1332.) Jurisdict ion is (not) disputed. C. NATURE OF ACTIO N . P rovide a concise statement of the type of case, the

cause of the action, and the relief sought. (e.g., - This is a products liabilit y case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. T he plaintiff contends that t h e forklift was defectively designed and manufact ured by the defendant and that the defects were a producing cause of his injuries and damages.) D. CO NTENTIO NS OF THE PARTIES . With respect to each count of the

comp l aint , counterclaim or cross-claim, and to any defense, affirmative defense, or the rebut t al of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the p art y to prevail on that claim or defense. Citation to relevant legal authority is required. (e.g., To prevail on this products liability case, the plaintiff must prove the following elements . . . .) (e.g., To defeat this products liability claim based on the statute of repose, t he defendant must prove the following elements . . . .) E. F. G. S TIPULATIO NS AND UNCONTES TED FACTS CO NTES TED IS S UES OF FACT AND LAW LIS T OF WITNES S ES . A jointly prepared list of witnesses, ident i f y ing each

as either plaintiff's or defendant's, and indicat i n g whether a fact or expert witness, must accomp any this proposed order. must be included. A brief statement as to the testimony of each witness

A d d i t i onally , the parties shall designate which witnesses (1) shall be

called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. H. LIS T OF EXHIBITS . Each party must submit wit h this proposed order a list

of numbered exhibits, with a description of each containing sufficient information to ident ify the exhibit, and indicating whether an objection to its admission is anticipated. -2Filed 08/01/2006

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I.

MO TIO NS IN LIMINE.

M ot ions in limine shall be served, filed, and

resp onded to in accordance with the instructions contained in the Rule 16 Scheduling Order. J. K. LIS T OF ANY PENDING MOTIONS PRO BABLE LENGTH OF TRIAL For a Bench Trial L-1. PRO PO S ED FINDINGS OF FACT AND CONCLUS IO NS OF LAW shall

be filed with this proposed order. For a Jury Trial L-2. PRO PO S ED JURY INS TRUCTIO NS , PROPOS ED VO IR DIRE

Q UES TIO NS , PROPOS ED JUROR QUES TIO NNAIRES , AND PROPOS ED FORMS OF VERDICT shall be filed with this proposed order. APPROVED AS TO FORM AND CONTENT: ______________________________ At t orney for Plaintiff ______________________________ At t orney for Defendant

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