Concrete Management Corporation v. Double AA Builders, LTD. et al

Filing 32

ORDER that Plaintiff CMS shall file a Supplemental Response, not exceeding ten pages, on or before 12/10/08. Defendant AA shall file its Reply on or before 10 business days after Plaintiff CMS files its Supplemental Response. Signed by Magistrate Judge Lawrence O Anderson on 12/5/08. (TLJ)

1 2 3 4 5 6 7 8

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

9 Concrete Management Corporation, a) Colorado Corporation, ) 10 ) Plaintiff, ) 11 ) vs. ) 12 ) ) 13 Double AA Builders of California, Inc., a) California corporation; Double AA) 14 Builders, Ltd., an Arizona corporation,) Jointly and Severally, ) 15 ) Defendants. ) 16 __________________________________) ) 17 Double AA Builders of California, Inc.,a) California corporation, ) 18 ) Counterclaimant, ) 19 ) vs. ) 20 ) ) 21 Concrete Management Corporation, a) Colorado Corporation. ) 22 ) Counterdefendant. ) 23 ) 24

No. CV-08-0322-PHX-LOA ORDER

After review of the parties's briefings on Defendant AA's pending Motion for

25 Summary Judgement and Plaintiff CMS' Response failing to fully address or mention the 26 applicability of potentially important legal issues, 27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED that Plaintiff CMS shall file a Supplemental Response, not exceeding ten pages, on or before Wednesday, December 10, 2008, with citation to relevant statutes and case law: 1. Whether Plaintiff CMS agrees or disagrees with the following statement of law, cited in Defendant AA's Motion for Summary Judgment: [A] federal court sitting in diversity must apply the forum state's choice of law rules. Orr v. Bank of America, 285 F.3d 764, 772 n 4 (9th Cir. 2002). Arizona choice of law rules therefore apply to determine the applicability of the Subcontract's choice of law provision to the issue presented in this motion. (docket # 29 at 3) If Plaintiff CMS disagrees with this statement of law, it shall set forth why with citation to relevant federal case law. 2. If Arizona's choice of law provisions govern this action, why doesn't Arizona case law and/or Arizona Revised Statute ("A.R.S.") § 32-1153 preclude recovery of some or all of Plaintiff CMS' claims. Id. at 7, n. 3. IT IS FURTHER ORDERED that Defendant AA shall file its Reply to Plaintiff CMS Response and Supplemental Response on or before 10 business days after Plaintiff CMS files its Supplemental Response. IT IS FURTHER ORDERED that counsel shall "use proper capitalization" in all future captions as mandated by LRCiv 7.1(a)(3) and Plaintiff's counsel shall file future pleadings, briefings, and documents in "font size no smaller than 13 point." LRCiv 7.1(b)(1), effective December 1, 2008. DATED this 5th day of December, 2008.

-2-