Cygnus Systems, Inc. v. Microsoft Corporation, et al

Filing 589

Cygnus Systems, Inc. v. Microsoft Corporation, et al

Doc. 589

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BL

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Anthony Sanchez, Plaintiff, vs. Rivas, et al., Defendant.

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No. CV 04-0794-PHX-ROS ORDER

The Court, in ruling on Plaintiff's Motion for Clarification, ordered Plaintiff's action to proceed as to the following claims: (1) Count I -Plaintiff's allegation that on May 17, 2003, Defendant Rivas used excessive force against him in violation of his Eighth Amendment rights. (2) Count III - Plaintiff's allegation that from February through June 2004, Defendant McDonald sexually and verbally harassed him in violation of his Eighth Amendment rights, but only to the extent that Plaintiff is seeking nominal, compensatory, and punitive damages not premised on a physical injury. The parties Joint Proposed Pretrial Order, filed before the Court ruled on Plaintiff's motion, was not filed on McDonald's behalf. Accordingly, IT IS ORDERED that the attorneys who will be responsible for the trial of the case and the Plaintiff shall prepare, sign, and file an Amended Joint Proposed Pretrial Order by July 20, 2007.

Dockets.Justia.com

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IT IS FURTHER ORDERED that the content of the Amended Joint Proposed Pretrial Order shall include, but not be limited to, the content prescribed in the Proposed Joint Pretrial Form of Order which may be found on the Court's website. A Final Pretrial Conference is set for this case for September 21, 2007 at 1:30 p.m.. IT IS THEREFORE ORDERED that the attorneys who will be responsible for the trial of the case shall attend the Final Pretrial Conference (to be held at 401 W. Washington Street, Phoenix, Arizona, Courtroom 604); defense counsel shall also make arrangements for Plaintiff to appear telephonically at the Final Pretrial Conference (by filing notice, no later than September 14, with the Court stating the telephone number at which Plaintiff can be reached for the September 21, 2007 status hearing). IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. IT IS FURTHER ORDERED that: (1) the parties shall number exhibits and such numbers shall correspond to the numbers of exhibits listed in the joint Proposed Final Pretrial Order; (2) no later than fourteen (14) days before the submission deadline for the joint Proposed Final Pretrial Order, the parties shall meet in person and exchange marked copies of all exhibits to be used at trial; any exhibit not marked and exchanged at this meeting shall be precluded at trial; and (3) while meeting to exchange exhibits, the parties shall eliminate any duplicate exhibits. IT IS FURTHER ORDERED that, if this case shall be tried to a jury, the parties shall file and serve all motions in limine no later than August 24, 2007. Each motion in limine shall include the legal basis supporting it. Responses to motions in limine are due August 31, 2007. No replies will be permitted. The attorneys for all parties shall come to the Final Pretrial Conference prepared to address the merits of all such motions.

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IT IS FURTHER ORDERED that, if this case shall be tried to a jury, the parties shall complete the following tasks by the time of the lodging of the joint Amended Proposed Final Pretrial Order: (1) The parties shall file in a separate pleading a stipulated-to description of the case to be read to the jury; (2) For purposes of voir dire, the parties shall provide a joint master list of the name of every witness who may be called at trial; (3) The parties shall file in a joint separate pleading a proposed set of voir dire questions. The voir dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed voir dire questions. If the parties have any disagreement about a particular question, the party or parties objecting shall state the reason for their objection below the question. (4) The parties shall file in a joint separate pleading a proposed set of jury instructions. The instructions shall be accompanied by citations to legal authority. If a party believes that a proposed instruction is a correct statement of the law, but the facts will not warrant the giving of the instructions, the party shall so state. The party who believes that the facts will not warrant the particular instruction shall provide an alternative instruction with appropriate citations to legal authority. (5) Each party shall file in a separate pleading a form of verdict to be given to the jury at the end of the trial. IT IS FURTHER ORDERED that the parties shall keep the Court informed of the possibility of settlement and, should settlement be reached, the parties shall promptly present a Stipulation and Order of Dismissal for signature by the undersigned. Mere Notice of Settlement or notification by phone or e-mail of settlement shall not suffice to vacate the trial date, nor excuse the parties from being ready and able to proceed with trial at the time and on the date set for trial.

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IT IS FURTHER ORDERED that this Court views compliance with the provisions of this Order as critical to its case management responsibilities and the responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the trial in this matter is set for September 25, 2007, at 8:30 a.m., at 401 W. Washington Street, Phoenix, Arizona, Courtroom 604. DATED this 20th day of June, 2007.

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