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
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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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