Equal Employment Opportunity Commission v. Autozone, Inc.

Filing 117

AMENDED ORDER re: FINAL PRETRIAL CONFERENCE, Final Pretrial Conference set for 1/8/2009 04:00 PM before Judge Stephen M McNamee. Proposed Pretrial Order due by 12/12/2008, re 116 Order (see order for full details). Signed by Judge Stephen M McNamee on 10/29/08. (Attachments: # 1 Exhibit)(REW, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

EQUAL E M P L O Y M E N T) ) OPPORTUNITY COMMISSION, ) ) Plaintiff, ) ) v. ) AUTOZONE, INC., a Nevada Corporation) ) ) Defendant. )

No. CV 06-926-PHX-SMM A M E N D E D ORDER RE: PRETRIAL CONFERENCE FINAL

A Final Pretrial Conference has been set in this case for Thursday, January 8, 2009, at 4:00 p.m. Accordingly, IT IS ORDERED that, if this case shall be tried to a jury, the attorneys who will be responsible for the trial of the lawsuit shall prepare and sign a Proposed Pretrial Order and submit it to the Court no later than 5:00 p.m. on Friday, December 12, 2008. IT IS FURTHER ORDERED that the content of the Proposed Pretrial Order shall include, but not be limited to, that prescribed in the Form of Pretrial Order attached hereto. Statements made shall not be in the form of a question, but should be a concise narrative statement of each party's contention as to each uncontested and contested issue. IT IS FURTHER ORDERED pursuant to Federal Rule of Civil Procedure 37(c) that the Court will not allow the parties to offer any exhibits, witnesses, or other information that were not previously disclosed in accordance with the provisions of this Order and/or the

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Federal Rules of Civil Procedure and/or not listed in the Proposed Pretrial Order, except for good cause. IT IS FURTHER ORDERED directing the parties to exchange drafts of the Proposed Pretrial Order no later than fourteen (14) days before the submission deadline. IT IS FURTHER ORDERED that the parties shall file and serve all motions in limine no later than Friday, December 12, 2008. Each motion in limine shall include the legal basis supporting it. Responses to motions in limine are due Friday, December 19, 2008. No replies will be permitted. The attorneys for all parties shall come to the Final Pretrial Conference prepared to address the merits of all such motions. IT IS FURTHER ORDERED directing the parties to complete the following tasks by the time of the filing of the Proposed Pretrial Order if they intend to try the case before a jury: (1) (2) The parties shall jointly file a description of the case to be read to the jury. The parties shall jointly file a proposed set of voir dire questions. The voir

dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed voir dire questions. If the parties have any

disagreement about a particular question, the party or parties objecting shall state the reason for their objection below the question. (3) The parties shall file a proposed set of stipulated jury instructions. The

instructions shall be accompanied by citations to legal authority. If a party believes that a proposed instruction is a correct statement of the law, but the facts will not warrant the giving of the instructions, the party shall so state. The party who believes that the facts will not warrant the particular instruction shall provide an alternative instruction with appropriate citations to legal authority. (4) Each party shall submit a form of verdict to be given to the jury at the end

of the trial.

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IT IS FURTHER ORDERED directing the parties to submit their proposed voir dire questions, joint statement of the case, and stipulated jury instructions. IT IS FURTHER ORDERED that if the case will be tried to the Court, rather than to a jury, instead of filing a Proposed Pretrial Order, each party shall submit proposed findings of fact and conclusions of law by the same date the Proposed Pretrial Order is due. IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement and should settlement be reached, the parties shall file a Notice of Settlement with the Clerk of the Court. IT IS FURTHER ORDERED that 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 29th day of October, 2008.

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