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ORDER - IT IS ORDERED that: (1) the reference to the Magistrate Judge is withdrawn; and (2) the parties shall lodge a Proposed Joint Final Pretrial Order in accordance herewith by no later than July 11, 2013.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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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George Albert Brogdon, Jr. )
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Plaintiff,
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vs.
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Phoenix Police Department, )
et al.,
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Defendants.
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No. CV 11-1389-PHX-RCB(MEA)
O R D E R

Plaintiff George Albert Brogdon, Jr. brought this pro se

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civil rights action under 42

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of Phoenix and City of Phoenix Police Officers Eric Boardman

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and Mylen Lubker for alleged Fourth Amendment violations

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(Doc. 14).

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denied in part the defendants’ motion for summary judgment

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(Doc. 66).

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Fourth Amendment claim in Count I alleging that [defendants]

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Boardman and Lubker lacked reasonable suspicion to stop and

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detain Plaintiff.”

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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

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order requiring, among other things, the lodging of a ”joint

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pretrial statement and proposed order . . . within 90 days of

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the Court’s ruling on the last dispositive motion that does

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not dispose of the case[,]” Ord. (Doc. 35) at 2:16-19

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(emphasis in original),

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States Magistrate Judge Aspey ordered the parties to file a

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joint pretrial statement and proposed order “on or before

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July 11, 2013[.]” Ord. (Doc. 58) at 1:16-18.

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Judge advised that the “[d]efendants are responsible for

also on April 11, 2013, United

The Magistrate

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initiating and drafting and submission of the proposed

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pretrial order in the form prescribed by the assigned trial

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judge.”

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Id. at 1:18-20.

Because this action is now ready for trial, and in light

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of the foregoing, the court hereby ORDERS that plaintiff pro

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se and the attorney or attorneys who will be responsible for

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the trial of this lawsuit prepare a proposed Joint Final

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Pretrial Order and lodge it with the Clerk of the Court by no

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later than July 11, 2013.

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Although it is the defendants’ responsibility to ensure

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that the proposed Joint Final Pretrial Order is properly

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prepared and timely lodged, the plaintiff pro se shall fully

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cooperate with the defendants to ensure that such Order is

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properly prepared and timely lodged. That proposed Joint

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Final Pretrial Order shall be signed by plaintiff pro se and

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defense counsel. Plaintiff pro se may authorize defense

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counsel to sign on his behalf.

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The content of the proposed Joint Final Pretrial Order
shall include, but is not limited to, that prescribed in the
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form of the proposed Joint Final Pretrial Order attached

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hereto.

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Pursuant to Fed.R.Civ.P. 16(d) and 37(c), the court will

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not allow the parties to modify the Joint Final Pretrial

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Order or introduce at trial any exhibits, witnesses, or other

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information or to make any objections to exhibits that were

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not previously specified and/or disclosed as directed by the

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Court in the Joint Final Pretrial Order, except to prevent

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manifest injustice.

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Galdamez v. Potter, 415 F.3d 1015, 1020

(9th Cir. 2005).

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After the lodging of the signed proposed Joint Final

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Pretrial Order, at a date to be set by the court, the parties

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shall participate telephonically in a Pretrial Conference to

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discuss that Proposed Order.

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Conference, the court will issue the Final Pretrial Order and

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set a trial date for this action.

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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

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Pretrial Order in accordance herewith by no

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later than July 11, 2013.

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DATED this 26th day of April, 2013.

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Copies to counsel of record and plaintiff pro se Brogdon
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FINAL PRETRIAL ORDER
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This Final Pretrial Order supersedes the pleadings and
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shall govern the trial and further proceedings in this case.
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A. STATEMENT OF JURISDICTION. Cite the statute(s) which
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gives this Court jurisdiction:
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(example - Jurisdiction in this case is based on
diversity of citizenship under Title 28 U.S.C.
§ 1332.)

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B. NATURE OF ACTION. Provide a concise statement of the
type of case, the cause of the action, and the relief sought:

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(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.)

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C. CONTENTIONS OF THE PARTIES. With respect to each count

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of the complaint, counterclaim or cross-claim, and to any

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defense, affirmative defense, or the rebuttal of a

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presumption where the burden of proof has shifted, the party

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having the burden of proof shall list the elements or

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standards that must be proved in order for the party to

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prevail on that claim or defense:

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(example - In order to prevail on this products liability
case, the plaintiff, must prove the following elements
. . .)

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(example — In order to defeat this products liability
claim based on the statute of limitations or repose,
the defendant must prove the following elements . . . )

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D. STIPULATION AND UNCONTESTED FACTS
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E. CONTESTED ISSUES OF FACT AND LAW (See and refer to
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subpart C above)
F. LIST OF WITNESSES. Include or separately attach a

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list(s) of witnesses, identifying each as either plaintiff’s

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or defendants’ witnesses and indicating whether the witness

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is a fact or expert witness.

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G. LIST OF EXHIBITS. Include or separately attach a

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list(s) of numbered exhibits, identifying each as either

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plaintiff’s or defendants’, with a description of each

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containing sufficient information to identify the exhibit,

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indicating whether there is an objection to its admission

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and, if so, the nature of the objection(s) anticipated. The

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actual exhibits must be later marked according to

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instructions which will be provided at the final pre-trial

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conference.

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H. LIST OF DEPOSITIONS. Include or separately attach

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those portions of depositions that will be read at trial by

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each party listed by page and line number, whether there is

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an objection to each passage and, if so, the nature of the

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objection.

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I. MOTIONS IN LIMINE. Motions in Limine are intended to

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encompass only significant evidentiary issues and are

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generally discouraged. Such motions, if allowed, shall be

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filed by ______________________, 2013. Any responses shall be

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filed by ______________________, 2013. No replies may be

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filed without permission of the court. Motions in Limine are

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deemed submitted without argument.

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J. LIST OF ANY PENDING UNRULED UPON MOTIONS

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K. PROBABLE LENGTH OF TRIAL
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For a Bench Trial
L. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall
be simultaneously filed by ____________________, 2013.

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For a Jury Trial

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M. INSTRUCTIONS. The parties shall seek to stipulate to

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jury instructions and any stipulated jury instructions shall

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be filed by ____________________, 2013. Instructions which

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are not agreed upon shall include citation to authority which

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shall not exceed one page per instruction and shall be filed

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by ____________________, 2013. Objections to any non-agreed

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upon instruction shall include citation to authority which

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shall not exceed one page per instruction and may be filed by

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____________________, 2013.

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N. VOIR DIRE QUESTIONS. Any proposed voir dire questions
shall be filed by ____________________, 2013.
O. CERTIFICATIONS. Plaintiff pro se and defense counsel

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in this action do hereby certify and acknowledge the

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following:

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1.

All discovery has been completed.

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2.

The identity of each witness has been disclosed

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to plaintiff pro se and defense counsel.

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3.

Each exhibit listed herein (a) is in existence;

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and (b) has been disclosed and shown to

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plaintiff, pro se, and defense counsel.

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. . .

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APPROVED AS TO FORM AND CONTENT:

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__________________________
Plaintiff pro se

_______________________
Attorney for Defendants

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THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS SET

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FOR ____________________, 2013 AT 9:00 A.M., COURTROOM 606,

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Sixth Floor, Sandra Day O'Connor United States Courthouse,

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401 West Washington Street, Phoenix, Arizona.

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APPEAR AT 8:30 A.M.

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COUNSEL SHALL