We Are America/Somos America Coalition of Arizona et al v.Maricopa County Board of Supervisors, et al.

Filing 84

ORDER SETTINT RULE 16 SCHEDULING CONFERENCE granting 79 Motion for Hearing. Scheduling Conference set for 10/17/2011 at 10:30 AM before Judge Robert C Broomfield. (See document for further details). Signed by Judge Robert C Broomfield on 9/19/11.(LAD)

Download PDF
1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 WE ARE AMERICA, et al., 13 14 Plaintiffs, vs. ) ) ) ) ) ) 15 16 17 MARICOPA COUNTY BOARD of, SUPERVISORS, et al., Defendants. No. CIV 06-2816-PHX-RCB ORDER SETTING RULE 16 SCHEDULING CONFERENCE ) ) ) ) ) ) 18 19 Currently pending before the court is a motion by defendants, 20 Maricopa County Board of Supervisors, Hon. Fulton Brock, Hon. Don 21 Stapley, Hon. Andrew Kunasek, Hon. Max Wilson, and Hon. Mary Rose 22 Wilcox (“the Board”), and Joseph M. Arpaio, Maricopa County Sheriff 23 (“Arpaio”), for a Rule 16 scheduling conference (Doc. 79). 24 plaintiffs did not file a response; nor did defendant Montgomery, 25 and the time to do so has passed. 26 finds that the granting of such relief would assist in the orderly 27 progression of this litigation, the court grants this defense 28 motion (Doc. 79). The Thus, and because the court 1 IT IS HEREBY ORDERED: 2 Pursuant to Rule 16, Federal Rules of Civil Procedure, a 3 Scheduling Conference is set for October 17, 2011, at 10:30 a.m., 4 Sandra Day O'Connor United States Courthouse, 401 West Washington 5 Street, SPC 61, Sixth Floor, Courtroom 606, Phoenix, Arizona 85003- 6 2158. 7 conference. 8 the conference shall have authority to enter into stipulations and 9 make admissions regarding all matters which may be discussed. 10 11 12 Counsel are directed to Rule 16 for the objectives of this At least one of the attorneys for each party attending Counsel and all unrepresented parties shall confer before the conference regarding: A. Possibility of consent to trial before a United States 13 Magistrate Judge pursuant to 28 U.S.C. §636(c), or reference to a 14 master; 15 B. 16 17 Any matters relating to jurisdiction, venue or joinder of additional parties; C. The scope of discovery, and possible limitations 18 thereof. 19 with Rule 26(f) of the Federal Rules of Civil Procedure and seek to 20 minimize the expense of discovery. 21 motions will be filed, counsel and unrepresented parties should 22 consider limiting discovery to the issue at hand until the court 23 has ruled on the motion; 24 D. Counsel and unrepresented parties are expected to comply In cases where dispositive A schedule of all pretrial proceedings, an estimate of 25 the length of trial, and any suggestions for shortening trial. 26 trial date will be set at the pre-trial conference. 27 28 E. A Prospects for settlement, and whether any party desires having a settlement or other conference before a judicial -2- 1 officer, or participating in any other alternative dispute 2 resolution forum (see Local Rule 83.10); and 3 4 5 F. Any other matters which counsel may feel will help dispose of the matter in an efficient and economical manner. G. Counsel and unrepresented parties shall file with the 6 Court, not less than ten days before the Scheduling Conference, a 7 joint report reflecting the results of their discussions. 8 report shall include individually numbered brief statements 9 indicating; 10 1. The The nature of the case, setting forth in brief 11 statements the factual and legal basis of plaintiff's claims and 12 defendant's defenses; 13 14 2. The factual and legal issues genuinely in dispute, and whether they can be narrowed by stipulation or motion; 15 3. 16 citing specific statutes; 17 4. The jurisdictional basis of the case, Parties, if any, which have not been served, 18 as well as parties which have not filed an answer or other 19 appearance. 20 show cause, an order shall accompany the joint report dismissing 21 any party which has not been served, or seeking default judgment on 22 any non-appearing party. 23 24 25 Unless counsel and unrepresented parties can otherwise 5. The names of parties not subject to the Court's jurisdiction; 6. Whether there are further dispositive or 26 partially dispositive issues to be decided by pretrial motions, and 27 the legal issues about which any pretrial motions are contemplated; 28 7. Whether the case is suitable for reference -3- 1 to arbitration, to a master, or to a United States Magistrate Judge 2 for trial; 3 4 5 8. The status of related cases pending before other judges of this Court or before other courts; 9. Proposed scheduling deadlines, including 6 those deadlines contained in the attached form of Scheduling Order 7 (Attachment #1), unless inapplicable. 8 parties shall submit a proposed Scheduling Order consistent with 9 Attachment #1. Counsel and unrepresented Although the court strongly urges that agreement be 10 reached, if counsel and unrepresented parties cannot agree on 11 deadlines, separate proposed Scheduling Orders with separate 12 proposed deadlines shall be submitted for discussion at the 13 Scheduling Conference. 14 10. Estimated date that the case will be ready 15 for trial, the estimated length of trial, and any suggestions for 16 shortening the trial; 17 11. Whether a jury trial has been requested; 18 12. The prospects for settlement, including any 19 request to have a settlement conference before a United States 20 Magistrate Judge, or other request of the court for assistance in 21 settlement efforts. 22 13. In class actions, the proposed dates for 23 class certification proceedings and other class management issues. 24 Such certification will result in the case being reassigned to the 25 complex track for case management purposes; 26 14. Whether any unusual, difficult, or complex 27 problems or issues exist which would require this case to be placed 28 on the complex track for case management purposes; and -4- 1 15. Any other matters which counsel feel will aid the 2 Court in resolving this dispute in a just, speedy, and inexpensive 3 manner. 4 After the conference, the Court will enter a Scheduling Order, 5 which shall control the course of the action, unless modified by 6 subsequent Order. 7 that the deadlines set at this conference shall be enforced. 8 Counsel and unrepresented parties are cautioned It is the responsibility of plaintiff's counsel (or plaintiff 9 if unrepresented) to initiate the communication necessary to 10 prepare this joint report and the proposed Scheduling Order. 11 This Court views this Scheduling Conference as critical to its 12 case management responsibilities and the responsibilities of the 13 parties under Rule 1, Federal Rules of Civil Procedure. 14 DATED this 19th day of September, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 ˜, ) ) 13 14 15 No. CIV ˜ Plaintiff(s), ) ) ) ) ) ) vs. ˜, RCB RULE l6 SCHEDULING ORDER (No Separate Mailing to Counsel) Defendant(s). ) 16 ) 17 A Scheduling Conference having been held on 18 19 insert date. 20 IT IS HEREBY ORDERED: 21 Motions to amend the Complaint, to add a counterclaim or 22 cross-claim, and/or to join additional parties, shall be filed no 23 later than 24 25 [insert date]. Rule 26(a)(1) initial disclosures (have been made) or (shall be made not later than [insert date]). 26 Rule 26(b)(2) expert disclosure shall be made as follows: 27 (Attachment #1) 28 -6- 1. 1 2 3 4 5 6 Plaintiff(s) shall disclose its expert witnesses, if any, and their reports, not later than 2. [insert date]. Defendant(s) shall disclose its expert witness, if any and their reports, not later than 3. [insert date]. Expert witness depositions shall be completed by [insert date]. 4. All other discovery pursuant to Rules 30, 31, 33, 34, 35 7 and 36, including supplements thereto, shall be completed by 8 [insert date] . Interrogatories, including subparts, are limited to 9 (25) or ( ). Requests for production, including subparts, are 10 limited to (25) or ( 11 subparts, are limited to (10) or ( 12 ). Requests for admissions, including ). Parties are directed to LRCiv 7.2(j), which prohibits filing 13 discovery motions unless parties have first met to resolve any 14 discovery difficulties. 15 are directed to first arrange a conference call with the Court to 16 attempt to resolve the matters. 17 If parties cannot reach a resolution, they This order contemplates that each party will conduct discovery 18 in such a manner as to complete discovery within these deadlines. 19 Therefore, all discovery should be sought within time sufficient to 20 permit responses by the deadlines. 21 discovery which results in insufficient time to complete discovery 22 or to undertake additional discovery and which requires an 23 extension of a discovery deadline is disfavored, and could result 24 in denial of an extension, exclusion of evidence, or the imposition 25 of other sanctions. 26 "Last minute or eleventh hour" A brief joint letter to the court concerning status of 27 settlement discussions containing no specific settlement terms or 28 offers shall be submitted by [insert date] . -7- This letter should occur early in the litigation, after initial key 1 discovery, in order to avoid excessive expenditure of time, 2 money, and effort at further discovery. 3 All dispositive motions shall be filed by [insert date]. 4 This deadline shall take into account the time limits for 5 motions set forth in LRCiv 56(b). 6 7 A joint proposed pretrial order shall be lodged by [insert date] . If dispositive motions are filed, then this 8 pretrial order shall be due either on the above date or thirty 9 (30) days following ruling on the motions, whichever is later. 10 The content of the proposed pretrial order shall include, but 11 not be limited to, that prescribed in a standard form of 12 Pretrial Order which will be given to counsel at the Scheduling 13 Conference. 14 question, but should be a concise narrative statement of each 15 party's contention as to each uncontested and contested issue. 16 Statements made shall not be in the form of a The attorneys for each party who will be responsible for 17 trial of the lawsuit shall appear and participate in a Pretrial 18 Conference on 19 606, Sixth Floor, Sandra Day O'Connor United States Courthouse, 20 401 West Washington Street, Phoenix, Arizona. 21 any other necessary deadlines will be set at the Pretrial 22 Conference. 23 DATED this , at ______ a.m., in Courtroom day of A trial date and , 2011. 24 25 26 27 28 ROBERT C. BROOMFIELD SENIOR UNITED STATES DISTRICT JUDGE Copies to counsel of record -8-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?