National Federation of the Blind, et al v. Arizona Board of Regents, et al

Filing 34

CASE MANAGEMENT ORDER: Discovery due by 11/30/2009. Dispositive motions due by 1/8/2010. See Order for full details. Signed by Judge G Murray Snow on 7/28/09. (KFZ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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The National Federation of the Blind,
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The American Council of The Blind, and )
Darrell Shandrow,
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Plaintiffs,
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vs.
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The Arizona Board of Regents and
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Arizona State University,
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Defendants.
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No. CV-09-1359-PHX-GMS
CASE MANAGEMENT ORDER

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On July 28, 2009, a Case Management Conference was held pursuant to Rule 16(b) of

18 the Federal Rules of Civil Procedure. The parties met before the conference in accordance
19 with Rule 26(f) and prepared a Case Management Report.

On the basis of the Case

20 Management Conference and the Case Management Report,
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IT IS HEREBY ORDERED:

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1.

Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of

23 Civil Procedure 26(a), have been exchanged.
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2.

Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental

25 Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental
26 pleadings is 60 days from the date of this Order.
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3.

Discovery Limitations. Depositions in this case shall be limited to seven hours

28 each as provided in Rule 30(d)(2) of the Federal Rules of Civil Procedure. Each side may

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propound up to 40 interrogatories, including subparts, 40 requests for production of

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documents, including subparts, and 40 requests for admissions, including subparts. The

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limitations set forth in this paragraph may be increased by mutual agreement of the parties,

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but such an increase will not result in an extension of the discovery deadlines set forth below.

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4.

Deadline for Completion of Fact Discovery. The deadline for completing fact

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discovery shall be November 30, 2009. To ensure compliance with this deadline, the

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following rules shall apply:

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a.

Depositions: All depositions shall be scheduled to commence at least

five working days prior to the discovery deadline. A deposition commenced five days prior
to the deadline may continue up until the deadline, as necessary.

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b.

Written Discovery: All interrogatories, requests for production of

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documents, and requests for admissions shall be served at least 45 days before the discovery

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deadline.

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c.

Notwithstanding Local Rule of Civil Procedure 7.3(c), the parties may

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mutually agree, without Court approval, to extend the time provided for discovery responses

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in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon

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extensions, however, shall not alter or extend the discovery deadlines set forth in this Order.

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5.

Deadlines for Disclosure of Experts and Completion of Expert Discovery.
a.

The Plaintiff(s) shall provide full and complete expert disclosures as

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required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than

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September 15, 2009.

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b.

The Defendant(s) shall provide full and complete expert disclosures as

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required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than

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October 16, 2009.

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c.

Rebuttal expert disclosures, if any, shall be made no later than October

30, 2009. Rebuttal experts shall be limited to responding to opinions stated by initial experts.

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d.

Expert depositions shall be completed no later than November 30, 2009.
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As with fact witness depositions, expert depositions shall be scheduled to commence at least

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five working days before the deadline.

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e.

Disclosures under Rule 26(a)(2)(A) must include the identities of

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treating physicians and other witnesses who have not been specially employed to provide

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expert testimony in this case, but who will provide testimony under Federal Rules of

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Evidence 702, 703, or 705. A Rule 26(a)(2)(B) report is required for any opinion of such

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witnesses that was not developed in the course of their treatment or other factual involvement

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in this case.

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f.

As stated in the Advisory Committee Notes to Rule 26 (1993

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Amendments), expert reports disclosed under Rule 26(a)(2)(B) must set forth “the testimony

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the witness is expected to present during direct examination, together with the reasons

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therefore.” Full and complete disclosures of such testimony are required on the dates set

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forth above; absent truly extraordinary circumstances, parties will not be permitted to

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supplement their expert reports after these dates.

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6.

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Discovery Disputes.
a.

The parties shall not file written discovery motions without leave of

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Court.1 If a discovery dispute arises, the parties promptly shall contact the Court to request

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a telephone conference concerning the dispute. The Court will seek to resolve the dispute

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during the telephone conference, and may enter appropriate orders on the basis of the

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telephone conference. The Court may order written briefing if it does not resolve the dispute

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during the telephone conference.

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b.

Parties shall not contact the Court concerning a discovery dispute

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without first seeking to resolve the matter through personal consultation and sincere effort

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as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall

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also comply with Local Rule of Civil Procedure 7.2(j).

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The prohibition on “written discovery motions” includes any written materials delivered or
faxed to the Court, including hand-delivered “correspondence” with attachments.
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c.

Absent extraordinary circumstances, the Court will not entertain fact

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discovery disputes after the deadline for completion of fact discovery, and will not entertain

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expert discovery disputes after the deadline for completion of expert discovery.

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7.

Deadline for Filing Dispositive Motions.

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a.

Dispositive motions shall be filed no later than January 8, 2010. Such

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motions must comply in all respects with the Federal Rules of Civil Procedure and the Local

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Rules.

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b.

No party shall file more than one motion for summary judgment under

Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained, by joint

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telephone call, from the Court.

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c.

Failure to respond to a motion within the time periods provided in Local

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Rule of Civil Procedure 7.2 will be deemed a consent to the denial or granting of the motion

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and the Court may dispose of the motion summarily pursuant to Local Rule of Civil

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Procedure 7.2(i).

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d.

The parties shall not notice oral argument on any motion. Instead, a

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party desiring oral argument shall place the words "Oral Argument Requested" immediately

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below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court

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will issue a Minute Entry Order scheduling oral argument as it deems appropriate.

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8.

Settlement Talks. The parties shall promptly notify the Court at any time when

settlement is reached during the course of this litigation.
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Deadline for Notice of Readiness for Pretrial Conference. The Plaintiff(s) shall

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notify the Court that the parties are ready for scheduling of a Final Pretrial Conference

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pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. The Plaintiff(s) shall file and

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serve this notice within ten days of the dispositive motion deadline if no dispositive motions

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are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve

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such notice within ten days after the resolution of dispositive motions. The Court will then

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issue an Order Setting Final Pretrial Conference that (a) sets deadlines for briefing motions

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in limine, (b) includes a form for the completion of the parties' joint proposed Final Pretrial
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Order, and (c) otherwise instructs the parties concerning their duties in preparing for the

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Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference.

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10.

The Deadlines Are Real. The parties are advised that the Court intends to

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enforce the deadlines set forth in this Order, and should plan their litigation activities

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accordingly. Even if all parties stipulate to an extension, the Court will not extend the

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deadlines, absent good cause to do so. The pendency of settlement discussions or the

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desire to schedule mediation does not constitute good cause, unless discovery is

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substantially complete and the extension requested is minimal.

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DATED this 28th day of July, 2009.

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