Flores et al v. Metro Valley Painting Corporation et al

Filing 175

FOURTH AMENDED SCHEDULING ORDER - granting 174 Motion for Extension of Time and Other Deadlines. Discovery due by 5/29/2009. Dispositive motions due by 6/29/2009. Proposed Joint Pretrial Statement due by 7/21/2009. Pretrial conference of 6/22/09 is vacated. The trial date of 7/14/09 is vacated and Jury Trial reset for 9/22/2009 11:00 AM before Judge Paul G Rosenblatt. Final Pretrial Conference set for 8/24/2009 11:00 AM before Judge Paul G Rosenblatt. Signed by Judge Paul G Rosenblatt on 2/10/09.(DMT, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Armando Flores, et al., Plaintiffs, vs. Metro Valley Painting Corporation, et al., Defendants.

) ) ) No. CV-06-2675-PHX-PGR ) ) ) FOURTH AMENDED SCHEDULING ORDER ) ) ) ) )

IT IS ORDERED that the parties' Motion to Extend Discovery and Other Deadlines (doc. #174) is granted as follows: (1) All remaining discovery shall be completed by May 29, 2009, and supplemental disclosures and discovery responses shall thereafter be made as required by Fed.R.Civ.P. 26(e). Discovery

which cannot be timely responded to prior to the discovery deadline will be met with disfavor, and could result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. Parties are directed to LRCiv 7.2(j), which prohibits

filing discovery-related motions unless the parties have first met to resolve any discovery difficulties. If parties cannot reach a

resolution of discovery disputes arising during depositions, they

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are directed to arrange a conference call with the Court to resolve the disputes. (2) All dispositive motions shall be filed by June 29, 2009. (3) A Joint Pretrial Statement shall be filed by July 21, 2009. If dispositive motions are filed, then this Joint Pretrial

Statement shall be due either on the above date or 30 days following the resolution of the motions, whichever is later. The

content of the Joint Pretrial Statement shall include, but not be limited to, that prescribed in a standard form of Joint Pretrial Statement provided to the parties. The parties shall augment the

Joint Pretrial Statement as necessary so it contains all of the pretrial 26(a)(3). timely disclosures as defined and required by Fed.R.Civ.P.

It shall be the responsibility of the plaintiff to the process of drafting the Joint Pretrial

initiate

Statement and the plaintiff shall submit its draft of the Joint Pretrial Statement to the defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement. (4) Motions in limine shall be filed no later than the date of filing of the Joint Pretrial Statement. Responses to motions in No replies are

limine are due ten business days after service. permitted.

The hearing on the motions in limine, if one is

permitted by the Court, will take place at the time of the Pretrial Conference. of moving No motion in limine shall be filed unless a statement counsel is attached thereto certifying that after

personal consultation and sincere efforts to do so, counsel have been unable to satisfactorily resolve the matter. (5) The Pretrial Conference set for June 22, 2009 is vacated. The attorneys for each party who will be responsible for trial of the lawsuit, or the parties if pro -2per, shall appear and

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participate in a final Pretrial Conference on Monday, August 24, 2009, at 11:00 a.m. in Courtroom 601. Because Pretrial Conferences are held for the parties' benefit, and further because the parties' presence will facilitate frank discussion of the pertinent issues in the lawsuit, each party or a representative with binding settlement authority shall attend the Pretrial Conference. If

dispositive motions are filed, the Court will continue the date of the Pretrial Conference, if one is still necessary, until after the resolution of such motions and the filing of a Joint Pretrial Statement. (6) Unless otherwise ordered by the Court, the parties' trial briefs, proposed findings of fact and conclusions of law or proposed jury instructions and proposed voir dire questions shall be filed no later than September 2, 2009, by 11:00 a.m.1 (7) The trial date of July 14, 2009 is vacated. Unless otherwise ordered by the Court, the trial of this action shall commence on Tuesday, September 22, 2009, at 9:00 a.m. in Courtroom 601 of the Sandra Day O'Connor United States Courthouse in Phoenix, AZ. (8) The parties are cautioned that the deadlines set in this Amended Scheduling Order shall be enforced, and that the Court will not entertain any stipulations to continue them - any request to extend any of the deadlines set herein must be made by means of a
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The trial brief shall raise all significant disputed issues of law and fact, including foreseeable procedural and evidentiary issues, and shall set forth the party's positions thereon with supporting arguments and authorities. A form with instructions regarding the marking, listing and custody of exhibits, and a form with instructions regarding the submission of jury instructions, shall be given to counsel at the Pretrial Conference. -3-

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motion, joint or otherwise, and no such motion shall be granted unless very good cause is shown.2 DATED this 10th day of February, 2009.

The parties are advised that the Court does not contemplate granting any further extension of the discovery and dispositive motion deadlines. -4-

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