Nance v. Miser et al

Filing 79

ORDER - Because this action is now ready for trial, ORDERED that plaintiff pro se and attorney(s) who will be responsible for the trial of this lawsuit prepare a proposed Joint Final Pretrial Order and lodge it with the Clerk of the Court no later than 1/13/2014. Any future filings in this case shall be directed to the undersigned. (See attached Order for details). Signed by Senior Judge Robert C Broomfield on 12/13/2013. (TLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Keith P. Nance,
Plaintiff,

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No. CV-12-00734-PHX-RCB
ORDER

v.
Allen Miser, et al.,
Defendants.

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The deadlines set forth in the Scheduling and Discovery Order (Doc. 36) as

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amended by Order (Doc. 53) have passed. Further, although this court dismissed the

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plaintiff’s damage claims under the Religious Land Use and Institutionalized Persons

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Act, 42 U.S.C. § 2000cc et seq. (“RLUIPA”) there are four claims remaining: (1) the

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claims for injunctive relief under RLUIPA; (2) the claim for damages under the First

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Amendment; (3) the equal protection claims for injunctive relief and damages for the

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Halal diet with meat; and (4) the First Amendment damage claims for denial of the

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shaving waiver for 7 months. See Ord. (Doc. 69) at 19:3-10, ¶ (5)(a)-(d). Moreover, just

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recently, this court denied the defendants’ motion for reconsideration of the foregoing.

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See Ord. (Doc. 75) at 1:14.

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hereby ORDERS that plaintiff pro se and the attorney or attorneys who will be

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responsible for the trial of this lawsuit prepare a proposed Joint Final Pretrial Order and

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lodge it with the Clerk of the Court by no later than January 13, 2014.

Thus, because this action now is ready for trial, the court

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Although it is the responsibility of plaintiff pro se to ensure that the proposed

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Joint Final Pretrial Order is properly prepared and timely lodged, the defendants shall

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fully cooperate with the plaintiff pro se to ensure that such Order is properly prepared

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and timely lodged. That proposed Joint Final Pretrial Order shall be signed by plaintiff

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pro se and defense counsel. Plaintiff pro se may authorize defense counsel to sign on his

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behalf.
The content of the proposed Joint Final Pretrial Order shall include, but is not

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limited to, that prescribed in the 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 not allow the parties to

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modify the Joint Final Pretrial Order or introduce at trial any exhibits, witnesses, or other

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information or to make any objections to exhibits that were not previously specified

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and/or disclosed as directed by the Court in the Joint Final Pretrial Order, except to

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prevent manifest injustice. Galdamez v. Potter, 415 F.3d 1015, 1020 (9th Cir. 2005).

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After the lodging of the signed proposed Joint Final Pretrial Order, at a date to be

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set by the court, the parties shall participate telephonically in a Pretrial Conference to

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discuss that Proposed Order. Plaintiff may appear by telephone. Counsel for the

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defendants shall provide the Court with a telephone number where plaintiff may be

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contacted and make the necessary arrangements for his appearance by telephone at the

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hearing. Following that Pretrial Conference, the court will issue the Final Pretrial

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Order and set a trial date for this action.

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IT IS ORDERED that:

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(1) the parties shall lodge a Proposed Joint Final Pretrial Order

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in accordance herewith by no later than January 13, 2014; and

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(2) any future filings in this case shall be directed to the undersigned.

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DATED this 13th day of December, 2013.

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Copies to counsel of record and plaintiff pro se Nance
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FINAL PRETRIAL ORDER

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This Final Pretrial Order supersedes the pleadings and shall govern the trial and
further proceedings in this case.

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A. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court

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jurisdiction: (example - Jurisdiction in this case is based on diversity of

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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

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cause of the action, and the relief sought: (example - This is a products liability case

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wherein the plaintiff seeks damages for personal injuries sustained when he fell from the

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driver's seat of the forklift. The plaintiff contends that the forklift was defectively

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designed and manufactured by the defendant and the defects were a producing cause of

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his injuries and damages.)

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

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complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or the

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rebuttal of a presumption where the burden of proof has shifted, the party having the

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burden of proof shall list the elements or standards that must be proved in order for the

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party to prevail on that claim or defense: (example - In order to prevail on this products

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liability case, the plaintiff, must prove the following elements...); (example - In order to

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defeat this products liability claim based on the statute of limitations or repose,

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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)

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F. LIST OF WITNESSES. Include or separately attach a list(s) of witnesses,

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identifying each as either plaintiff's or defendants’ witness and indicating whether the

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witness is a fact or expert witness.

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G. LIST OF EXHIBITS. Include or separately attach a list(s) of numbered

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exhibits, identifying each as either plaintiff's or defendants’, with a description of each

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containing sufficient information to identify the exhibit, indicating whether there is an

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objection to its admission and, if so, the nature of the objection(s) anticipated. The actual

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exhibits must be later marked according to instructions which will be provided at the final

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pre-trial conference.

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H. LIST OF DEPOSITIONS. Include or separately attach those portions of

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depositions that will be read at trial by each party listed by page and line number,

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whether there is an objection to each passage and, if so, the nature of the objection.

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

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significant evidentiary issues and are generally discouraged. Such motions, if allowed,

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shall be filed by ___________________, 2014.

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_______, 2014.

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Limine are deemed submitted without argument.

Any responses shall be filed by

No replies may be filed without permission of the court. Motions in

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J. LIST OF ANY PENDING UNRULED UPON MOTIONS.

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K. PROBABLE LENGTH OF TRIAL _______________________.
For a Jury Trial

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L. INSTRUCTIONS. The parties shall seek to stipulate to jury instructions and

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any stipulated jury instructions shall be filed by __________________ , 2014.

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Instructions which are not agreed upon shall include citation to authority which shall not

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exceed one page per instruction and shall be filed by ______________, 2014.

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Objections to any non-agreed upon instruction shall include citation to authority which

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shall not exceed one page per instruction and may be filed by __________, 2014 .

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M. VOIR DIRE QUESTIONS. Any proposed voir dire questions shall be filed by
_______________, 2014 .
N. CERTIFICATIONS. The plaintiff pro se and the undersigned counsel for each
of the parties in this action do hereby certify and acknowledge the following:

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1. All discovery has been completed.

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2. The identity of each witness has been disclosed to plaintiff pro se and

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opposing counsel.

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3. Each exhibit listed herein (a) is in existence; and (b) has been disclosed

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and shown to plaintiff pro se and opposing counsel .

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APPROVED AS TO FORM AND CONTENT:

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_______________________

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_________________________

Plaintiff Pro Se

Attorney for Defendants

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THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS

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SET FOR _________________, 2014, at _____ A.M., COURTROOM 606,

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Sixth Floor, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street,

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Phoenix, Arizona; plaintiff pro se and counsel SHALL APPEAR at _____ A.M.

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