Brogdon v. Phoenix Police Department et al

Filing 59

ORDER - IT IS ORDERED that: (1) the reference to the Magistrate Judge is withdrawn; and (2) the parties shall lodge a Proposed Joint Final Pretrial Order in accordance herewith by no later than July 11, 2013. Signed by Senior Judge Robert C Broomfield on 4/26/13. (LAD)

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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 13 14 15 16 17 18 George Albert Brogdon, Jr. ) ) Plaintiff, ) ) vs. ) ) Phoenix Police Department, ) et al., ) ) Defendants. ) ) No. CV 11-1389-PHX-RCB(MEA) O R D E R Plaintiff George Albert Brogdon, Jr. brought this pro se 19 civil rights action under 42 20 of Phoenix and City of Phoenix Police Officers Eric Boardman 21 and Mylen Lubker for alleged Fourth Amendment violations 22 (Doc. 14). 23 denied in part the defendants’ motion for summary judgment 24 (Doc. 66). 25 Fourth Amendment claim in Count I alleging that [defendants] 26 Boardman and Lubker lacked reasonable suspicion to stop and 27 detain Plaintiff.” 28 U.S.C. § 1983 against the City On April 11, 2013, this court granted in part and The only remaining claim in this lawsuit “is the Ord. (Doc. 57) at 13:1-2, ¶ (4). Based upon that order, and consistent with his prior 1 order requiring, among other things, the lodging of a ”joint 2 pretrial statement and proposed order . . . within 90 days of 3 the Court’s ruling on the last dispositive motion that does 4 not dispose of the case[,]” Ord. (Doc. 35) at 2:16-19 5 (emphasis in original), 6 States Magistrate Judge Aspey ordered the parties to file a 7 joint pretrial statement and proposed order “on or before 8 July 11, 2013[.]” Ord. (Doc. 58) at 1:16-18. 9 Judge advised that the “[d]efendants are responsible for also on April 11, 2013, United The Magistrate 10 initiating and drafting and submission of the proposed 11 pretrial order in the form prescribed by the assigned trial 12 judge.” 13 Id. at 1:18-20. Because this action is now ready for trial, and in light 14 of the foregoing, the court hereby ORDERS that plaintiff pro 15 se and the attorney or attorneys who will be responsible for 16 the trial of this lawsuit prepare a proposed Joint Final 17 Pretrial Order and lodge it with the Clerk of the Court by no 18 later than July 11, 2013. 19 Although it is the defendants’ responsibility to ensure 20 that the proposed Joint Final Pretrial Order is properly 21 prepared and timely lodged, the plaintiff pro se shall fully 22 cooperate with the defendants to ensure that such Order is 23 properly prepared and timely lodged. That proposed Joint 24 Final Pretrial Order shall be signed by plaintiff pro se and 25 defense counsel. Plaintiff pro se may authorize defense 26 counsel to sign on his behalf. 27 28 The content of the proposed Joint Final Pretrial Order shall include, but is not limited to, that prescribed in the -2- 1 form of the proposed Joint Final Pretrial Order attached 2 hereto. 3 Pursuant to Fed.R.Civ.P. 16(d) and 37(c), the court will 4 not allow the parties to modify the Joint Final Pretrial 5 Order or introduce at trial any exhibits, witnesses, or other 6 information or to make any objections to exhibits that were 7 not previously specified and/or disclosed as directed by the 8 Court in the Joint Final Pretrial Order, except to prevent 9 manifest injustice. 10 Galdamez v. Potter, 415 F.3d 1015, 1020 (9th Cir. 2005). 11 After the lodging of the signed proposed Joint Final 12 Pretrial Order, at a date to be set by the court, the parties 13 shall participate telephonically in a Pretrial Conference to 14 discuss that Proposed Order. 15 Conference, the court will issue the Final Pretrial Order and 16 set a trial date for this action. 17 18 19 20 Following that Pretrial IT IS ORDERED that: (1) the reference to the Magistrate Judge is withdrawn; and (2) the parties shall lodge a Proposed Joint Final 21 Pretrial Order in accordance herewith by no 22 later than July 11, 2013. 23 DATED this 26th day of April, 2013. 24 25 26 27 28 Copies to counsel of record and plaintiff pro se Brogdon -3- 1 FINAL PRETRIAL ORDER 2 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 gives this Court jurisdiction: 6 7 (example - Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) 8 9 10 11 B. NATURE OF ACTION. Provide a concise statement of the type of case, the cause of the action, and the relief sought: 14 (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.) 15 C. CONTENTIONS OF THE PARTIES. With respect to each count 12 13 16 of the complaint, counterclaim or cross-claim, and to any 17 defense, affirmative defense, or the rebuttal of a 18 presumption where the burden of proof has shifted, the party 19 having the burden of proof shall list the elements or 20 standards that must be proved in order for the party to 21 prevail on that claim or defense: 22 23 (example - In order to prevail on this products liability case, the plaintiff, must prove the following elements . . .) 24 25 (example — In order to defeat this products liability claim based on the statute of limitations or repose, the defendant must prove the following elements . . . ) 26 D. STIPULATION AND UNCONTESTED FACTS 27 E. CONTESTED ISSUES OF FACT AND LAW (See and refer to 28 -4- 1 2 subpart C above) F. LIST OF WITNESSES. Include or separately attach a 3 list(s) of witnesses, identifying each as either plaintiff’s 4 or defendants’ witnesses and indicating whether the witness 5 is a fact or expert witness. 6 G. LIST OF EXHIBITS. Include or separately attach a 7 list(s) of numbered exhibits, identifying each as either 8 plaintiff’s or defendants’, with a description of each 9 containing sufficient information to identify the exhibit, 10 indicating whether there is an objection to its admission 11 and, if so, the nature of the objection(s) anticipated. The 12 actual exhibits must be later marked according to 13 instructions which will be provided at the final pre-trial 14 conference. 15 H. LIST OF DEPOSITIONS. Include or separately attach 16 those portions of depositions that will be read at trial by 17 each party listed by page and line number, whether there is 18 an objection to each passage and, if so, the nature of the 19 objection. 20 I. MOTIONS IN LIMINE. Motions in Limine are intended to 21 encompass only significant evidentiary issues and are 22 generally discouraged. Such motions, if allowed, shall be 23 filed by ______________________, 2013. Any responses shall be 24 filed by ______________________, 2013. No replies may be 25 filed without permission of the court. Motions in Limine are 26 deemed submitted without argument. 27 J. LIST OF ANY PENDING UNRULED UPON MOTIONS 28 K. PROBABLE LENGTH OF TRIAL -5- 1 2 3 For a Bench Trial L. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be simultaneously filed by ____________________, 2013. 4 For a Jury Trial 5 M. INSTRUCTIONS. The parties shall seek to stipulate to 6 jury instructions and any stipulated jury instructions shall 7 be filed by ____________________, 2013. Instructions which 8 are not agreed upon shall include citation to authority which 9 shall not exceed one page per instruction and shall be filed 10 by ____________________, 2013. Objections to any non-agreed 11 upon instruction shall include citation to authority which 12 shall not exceed one page per instruction and may be filed by 13 ____________________, 2013. 14 15 16 N. VOIR DIRE QUESTIONS. Any proposed voir dire questions shall be filed by ____________________, 2013. O. CERTIFICATIONS. Plaintiff pro se and defense counsel 17 in this action do hereby certify and acknowledge the 18 following: 19 1. All discovery has been completed. 20 2. The identity of each witness has been disclosed 21 to plaintiff pro se and defense counsel. 22 3. Each exhibit listed herein (a) is in existence; 23 and (b) has been disclosed and shown to 24 plaintiff, pro se, and defense counsel. 25 . . . 26 27 28 -6- 1 APPROVED AS TO FORM AND CONTENT: 2 3 __________________________ Plaintiff pro se _______________________ Attorney for Defendants 4 5 THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS SET 6 FOR ____________________, 2013 AT 9:00 A.M., COURTROOM 606, 7 Sixth Floor, Sandra Day O'Connor United States Courthouse, 8 401 West Washington Street, Phoenix, Arizona. 9 APPEAR AT 8:30 A.M. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- COUNSEL SHALL

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