Le v. Arizona Department of Corrections et al

Filing 66

ORDER that the reference to the Magistrate Judge is withdrawn and the parties shall lodge a Proposed Joint Final Pretrial Order by no later than 4 weeks from the filing date of this order. Signed by Senior Judge Robert C Broomfield on 4/10/13. (TLJ)

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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 Hai Van Le, 13 Plaintiff, 14 vs. 15 Arizona Department of Corrections, et al. 16 Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) ) No. CV 11-744-PHX-RCB(ECV) O R D E R Plaintiff pro se, Hai Van Le, brought this civil rights 19 action pursuant to 42 U.S.C. § 1983 against several employees 20 of the Arizona Department of Corrections (ADC). (Doc. 1.) 21 This court granted defendants’ summary judgment motion as to 22 defendant John Osborn, but denied summary judgment as to 23 defendants Ryan, Haley, Matson, and Smith. 24 11. 25 failure to protect as against the four defendants just 26 listed. 27 28 Ord. (Doc. 64) at The only claim that remains in this lawsuit is for Id. Because this action is now ready for trial, the court hereby ORDERS that plaintiff pro se and the attorney or 1 attorneys who will be responsible for the trial of this 2 lawsuit prepare a proposed Joint Final Pretrial Order and 3 lodge it with the Clerk of the Court no later than four (4) 4 weeks from the filing date of this order. 5 Although it is plaintiff pro se’s responsibility to 6 ensure that the proposed Joint Final Pretrial Order is 7 properly prepared and timely lodged, defendants shall 8 cooperate with plaintiff pro se to ensure that such Order is 9 properly prepared and timely lodged. That proposed Joint 10 Final Proposed Pretrial Order shall be signed by plaintiff 11 pro se and defense counsel. Plaintiff pro se may authorize 12 defense counsel to sign on his behalf. 13 The content of the proposed Joint Final Pretrial Order 14 shall include, but is not limited to, that prescribed in the 15 form of the proposed Joint Final Pretrial Order attached 16 hereto. 17 Pursuant to Fed.R.Civ.P. 16(d) and 37(c), the court will 18 not allow the parties to modify the Joint Final Pretrial 19 Order or introduce at trial any exhibits, witnesses, or other 20 information or to make any objections to exhibits that were 21 not previously specified and/or disclosed as directed by the 22 Court in the Joint Final Pretrial Order, except to prevent 23 manifest injustice. Galdamez v. Potter, 415 F.3d 1015, 1020 24 (9th Cir. 2005). 25 After the lodging of the signed proposed Joint Final 26 Pretrial Order, at a date to be set by the court, the parties 27 shall participate telephonically in a Pretrial Conference to 28 discuss that Proposed Order. Following that Pretrial -2- 1 Conference, the court will issue the Final Pretrial Order and 2 set a trial date for this action. 3 IT IS ORDERED that: 4 (1) the reference to the Magistrate Judge is withdrawn; 5 and 6 (2) the parties shall lodge a Proposed Joint Final 7 Pretrial Order in accordance herewith by no later than four 8 (4) weeks from the filing date of this order. 9 DATED this 10th day of April, 2013. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Copies to counsel of record and plaintiff pro se Hai Van Le -3- 1 2 FINAL PRETRIAL ORDER This Final Pretrial Order supersedes the pleadings and 3 shall govern the trial and further proceedings in this case. 4 A. STATEMENT OF JURISDICTION. Cite the statute(s) which 5 6 gives this Court jurisdiction: (example - Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) 7 8 B. NATURE OF ACTION. Provide a concise statement of the 9 type of case, the cause of the action, and the relief sought: 10 13 (example — This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of the forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and the defects were a producing cause of his injuries and damages.) 14 C. CONTENTIONS OF THE PARTIES. With respect to each count 11 12 15 of the complaint, counterclaim or cross-claim, and to any 16 defense, affirmative defense, or the rebuttal of a presumption 17 where the burden of proof has shifted, the party having the 18 burden of proof shall list the elements or standards that must 19 be proved in order for the party to prevail on that claim or 20 defense: 21 22 23 (example - In order to prevail on this products liability case, the plaintiff, must prove the following elements . . .) 24 (example — In order to defeat this products liability claim based on the statute of limitations or repose, the defendant must prove the following elements . . . ) 25 D. STIPULATION AND UNCONTESTED FACTS 26 E. CONTESTED ISSUES OF FACT AND LAW (See and refer to 27 subpart C above) 28 F. LIST OF WITNESSES. Include or separately attach a -4- 1 list(s) of witnesses, identifying each as either plaintiff’s 2 or defendants’ witnesses and indicating whether the witness is 3 a fact or expert witness. 4 G. LIST OF EXHIBITS. Include or separately attach a 5 list(s) of numbered exhibits, identifying each as either 6 plaintiff’s or defendants’, with a description of each 7 containing sufficient information to identify the exhibit, 8 indicating whether there is an objection to its admission and, 9 if so, the nature of the objection(s) anticipated. The actual 10 exhibits must be later marked according to instructions which 11 will be provided at the final pre-trial conference. 12 H. LIST OF DEPOSITIONS. Include or separately attach 13 those portions of depositions that will be read at trial by 14 each party listed by page and line number, whether there is an 15 objection to each passage and, if so, the nature of the 16 objection. 17 I. MOTIONS IN LIMINE. Motions in Limine are intended to 18 encompass only significant evidentiary issues and are 19 generally discouraged. Such motions, if allowed, shall be 20 filed by , 2013. Any responses shall be 21 filed by , 2013. No replies may be filed 22 without permission of the court. Motions in Limine are deemed 23 submitted without argument. 24 J. LIST OF ANY PENDING UNRULED UPON MOTIONS 25 K. PROBABLE LENGTH OF TRIAL 26 27 For a Bench Trial L. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall 28 be simultaneously filed by ____________________, 2013. -5- 1 2 For a Jury Trial M. INSTRUCTIONS. The parties shall seek to stipulate to 3 jury instructions and any stipulated jury instructions shall 4 be filed by ____________________, 2013. Instructions which are 5 not agreed upon shall include citation to authority which 6 shall not exceed one page per instruction and shall be filed 7 by ____________________, 2013. Objections to any non-agreed 8 upon instruction shall include citation to authority which 9 shall not exceed one page per instruction and may be filed by 10 ____________________, 2013. 11 N. VOIR DIRE QUESTIONS. Any proposed voir dire questions 12 shall be filed by ____________________, 2013. 13 O. CERTIFICATIONS. Plaintiff, pro se, and defense counsel 14 in this action do hereby certify and acknowledge the 15 following: 16 1. All discovery has been completed. 17 2. The identity of each witness has been disclosed to 18 plaintiff, pro se, and defense counsel. 19 3. Each exhibit listed herein (a) is in existence; and 20 (b) has been disclosed and shown to plaintiff, pro se, and 21 defense counsel. 22 23 APPROVED AS TO FORM AND CONTENT: 24 25 __________________________ _______________________ Attorney for Defendants Plaintiff, pro se 26 27 28 THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS -6- 1 SET FOR ____________________, 2013 AT 9:00 A.M., COURTROOM 2 606, Sixth Floor, Sandra Day O'Connor United States 3 Courthouse, 401 West Washington Street, Phoenix, Arizona; 4 COUNSEL SHALL APPEAR AT 8:30 A.M. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-

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