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

Filing 91

RULE 16 SCHEDULING ORDER: Discovery due by 9/15/2012. Dispositive motions due by 10/1/2012. Proposed Pretrial Order due by 10/15/2012. Pretrial Conference set for 2/4/2013 at 10:30 AM before Judge Robert C Broomfield. Signed by Judge Robert C Broomfield on 10/21/11. (TLJ)

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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 Plaintiffs, 14 vs. 15 16 MARICOPA COUNTY BOARD of SUPERVISORS, et al., 17 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. CIV 06-2816-PHX-RCB RULE l6 SCHEDULING ORDER 18 19 20 A Scheduling Conference having been held on October 17, 2011, 21 IT IS HEREBY ORDERED: 22 1. 23 24 Fed.R.Civ.P. 26(a)(1) initial disclosures shall be made not later than November 18, 2011. 2. The parties have exchanged initial discovery 25 requests, and will, if desired, supplement those requests on 26 or before October 17, 2011. 27 exchange answers to such discovery 45 days thereafter, or by 28 December 1, 2011. The parties will simultaneously 1 2 3. Fed.R.Civ.P. 26(a)(2) expert disclosure shall be made as follows: 3 a. Plaintiffs shall disclose their expert 4 witnesses, if any, and their reports, not later than May 30, 5 2012. 6 b. Defendants shall disclose their expert 7 witnesses, if any and their reports, not later than June 15, 8 2012. 9 10 c. be completed by no later than July 30, 2012. 11 12 13 14 15 Any rebuttal expert witness disclosures shall d. Expert witness depositions shall be completed by September 15, 2012. 4. Fact witness depositions shall be completed by May 31, 2012. 5. All other discovery pursuant to Fed.R.Civ.P. 30, 16 31, 33, 34, 35 and 36, including supplements thereto, shall 17 be completed by September 15, 2012. 18 33(a)(1) allows, at this juncture the court will not limit 19 the number of interrogatories. 20 the court limit the parties’ respective requests for 21 production, if any, or requests for admissions, if any. 22 a party deems that service of any of the foregoing by 23 another party constitutes an abuse of the discovery process, 24 that party shall file a motion accordingly. As Fed.R.Civ.P. Nor at this juncture will 25 In that respect, the parties are directed to LRCiv 26 7.2(j), which prohibits filing discovery motions unless 27 parties have first met to resolve any discovery 28 difficulties. If the parties cannot reach a resolution, -2- If 1 they are directed to first arrange a conference call with 2 the Court to attempt to resolve the matters. 3 This order contemplates that each party will conduct 4 discovery in such a manner as to complete discovery within 5 these deadlines. 6 within time sufficient to permit responses by the deadlines. 7 "Last minute or eleventh hour" discovery which results in 8 insufficient time to complete discovery or to undertake 9 additional discovery and which requires an extension of a Therefore, all discovery should be sought 10 discovery deadline is disfavored, and could result in denial 11 of an extension, exclusion of evidence, or the imposition of 12 other sanctions. 13 6. Given the parties’ respective views regarding 14 initially exploring a possible settlement, as indicated 15 during the October 17, 2011, Rule 16 Scheduling Conference, 16 the parties are directed to submit a 17 the court concerning status of settlement discussions 18 containing no specific settlement terms or offers. 19 7. brief joint letter to All dispositive motions shall be filed by October 20 1, 2012. 21 summary judgment or other dispositive motions shall be 22 November 1, 2012. 23 support of summary judgment or other dispositive motions 24 shall be November 19, 2012. 25 8. The last day to file responses to motions for The last day to file replies, if any, in All pretrial disclosure pursuant to Fed.R.Civ.P. 26 26(a)(3)(A) shall be served and filed not later than January 27 15, 2013. 28 shall be served and filed no later than February 1, 2013. Objections pursuant to Fed.R.Civ.P. 23(a)(3)(B) -3- 1 9. A joint proposed pretrial order shall be lodged by 2 October 15, 2012. 3 this pretrial order shall be due either on the above date or 4 thirty (30) days following ruling on the motions, whichever 5 is later. 6 include, but not be limited to, that prescribed in a 7 standard form of Pretrial Order which will be given to 8 counsel at the Scheduling Conference. 9 not be in the form of a question, but should be a concise 10 narrative statement of each party's contention as to each 11 uncontested and contested issue. 12 10. If dispositive motions are filed, then The content of the proposed pretrial order shall Statements made shall The attorneys for each party who will be 13 responsible for trial of the lawsuit shall appear and 14 participate in a Pretrial Conference on Monday, February 4, 15 2013, at 10:30 a.m., in Courtroom 606, Sixth Floor, Sandra 16 Day O'Connor United States Courthouse, 401 West Washington 17 Street, Phoenix, Arizona. 18 necessary deadlines will be set at the Pretrial Conference. 19 A trial date and any other DATED this 21st day of October, 2011. 20 21 22 23 24 25 copies to all counsel of record 26 27 28 -4-

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