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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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WE ARE AMERICA, et al.

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Plaintiffs,

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vs.

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MARICOPA COUNTY BOARD of
SUPERVISORS, et al.,

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Defendants.

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No. CIV 06-2816-PHX-RCB
RULE l6 SCHEDULING ORDER

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A Scheduling Conference having been held on October 17,
2011,

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IT IS HEREBY ORDERED:

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1.

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Fed.R.Civ.P. 26(a)(1) initial disclosures shall be

made not later than November 18, 2011.
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The parties have exchanged initial discovery

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requests, and will, if desired, supplement those requests on

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or before October 17, 2011.

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exchange answers to such discovery 45 days thereafter, or by

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December 1, 2011.

The parties will simultaneously

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Fed.R.Civ.P. 26(a)(2) expert disclosure shall be

made as follows:

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a.

Plaintiffs shall disclose their expert

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witnesses, if any, and their reports, not later than May 30,

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2012.

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b.

Defendants shall disclose their expert

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witnesses, if any and their reports, not later than June 15,

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2012.

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c.

be completed by no later than July 30, 2012.

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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,

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31, 33, 34, 35 and 36, including supplements thereto, shall

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be completed by September 15, 2012.

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33(a)(1) allows, at this juncture the court will not limit

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the number of interrogatories.

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the court limit the parties’ respective requests for

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production, if any, or requests for admissions, if any.

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a party deems that service of any of the foregoing by

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another party constitutes an abuse of the discovery process,

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that party shall file a motion accordingly.

As Fed.R.Civ.P.

Nor at this juncture will

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In that respect, the parties are directed to LRCiv

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7.2(j), which prohibits filing discovery motions unless

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parties have first met to resolve any discovery

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difficulties.

If the parties cannot reach a resolution,
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If

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they are directed to first arrange a conference call with

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the Court to attempt to resolve the matters.

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This order contemplates that each party will conduct

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discovery in such a manner as to complete discovery within

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these deadlines.

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within time sufficient to permit responses by the deadlines.

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"Last minute or eleventh hour" discovery which results in

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insufficient time to complete discovery or to undertake

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additional discovery and which requires an extension of a

Therefore, all discovery should be sought

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discovery deadline is disfavored, and could result in denial

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of an extension, exclusion of evidence, or the imposition of

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other sanctions.

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6.

Given the parties’ respective views regarding

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initially exploring a possible settlement, as indicated

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during the October 17, 2011, Rule 16 Scheduling Conference,

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the parties are directed to submit a

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the court concerning status of settlement discussions

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containing no specific settlement terms or offers.

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7.

brief joint letter to

All dispositive motions shall be filed by October

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1, 2012.

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summary judgment or other dispositive motions shall be

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November 1, 2012.

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support of summary judgment or other dispositive motions

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shall be November 19, 2012.

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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.

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26(a)(3)(A) shall be served and filed not later than January

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15, 2013.

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shall be served and filed no later than February 1, 2013.

Objections pursuant to Fed.R.Civ.P. 23(a)(3)(B)

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A joint proposed pretrial order shall be lodged by

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October 15, 2012.

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this pretrial order shall be due either on the above date or

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thirty (30) days following ruling on the motions, whichever

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is later.

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include, but not be limited to, that prescribed in a

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standard form of Pretrial Order which will be given to

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counsel at the Scheduling Conference.

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not be in the form of a question, but should be a concise

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narrative statement of each party's contention as to each

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uncontested and contested issue.

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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

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responsible for trial of the lawsuit shall appear and

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participate in a Pretrial Conference on Monday, February 4,

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2013, at 10:30 a.m., in Courtroom 606, Sixth Floor, Sandra

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Day O'Connor United States Courthouse, 401 West Washington

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Street, Phoenix, Arizona.

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necessary deadlines will be set at the Pretrial Conference.

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A trial date and any other

DATED this 21st day of October, 2011.

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copies to all counsel of record

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