Matthews v. Summers

Filing 66

ORDER: IT IS ORDERED that Defendant's motion 60 , to modify the Final Pretrial Order 56 , is hereby GRANTED. IT IS FURTHER ORDERED that Defendant shall file an amended Proposed Final Pretrial Order by Tuesday, February 9, 2016 [see attached Order for further details]. Signed by Senior Judge James A Teilborg on 2/5/2016. (KAL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Moses Isaiah Matthews,
Plaintiff,

No: CV14-62-PHX-JAT (JZB)
ORDER

v.
Heather Summers,

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Defendant.
Pending before the Court is Defendant Heather Summers’s January 27, 2016,
motion to modify the Final Pretrial Order with a supplement to the exhibit list for the
February 18, 2016, bench trial. (Doc. 60). Defendant seeks to augment the Final Pretrial

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Order by adding an omitted exhibit—what was previously listed as “Exhibit 122” in the

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parties’ joint proposed pretrial order. (Doc. 45-1). The omitted exhibit is a copy of Plaintiff

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Moses Matthews’s First Amended Complaint, which contains copies of the administrative

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grievances Plaintiff filed prior to this lawsuit. Plaintiff has been given an opportunity to
oppose the pending motion, and has declined to do so.
Having reviewed the record, the Court finds: that (1) Plaintiff will suffer no

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“prejudice or surprise” from the proposed modification; (2) Plaintiff has no need “to cure

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any prejudice,” as he will suffer none; (3) the supplemental exhibit will not “impact . . . the

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orderly and efficient conduct of the case”; and (4) no “willfulness or bad faith” is present

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in Defendant’s “seeking the modification.” Hunt v. County of Orange, 672 F.3d 606, 616
(9th Cir. 2012) (citations omitted). Given that the aforementioned omitted exhibit is central
to the issue set for trial on February 18, 2016, and both parties are likely to rely it,
permitting the modification to the Final Pretrial Order will “prevent manifest injustice.”
Hunt, 672 F.3d at 616 (quoting Federal Rule of Civil Procedure 16(e)).
Accordingly, pursuant to Fed. R. Civ. P. 16(e):
IT IS ORDERED that Defendant’s motion, (Doc. 60), to modify the Final Pretrial
Order, (Doc. 56), is hereby GRANTED.
IT IS FURTHER ORDERED that Defendant shall file an amended Proposed
Final Pretrial Order by Tuesday, February 9, 2016.

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Dated this 5th day of February, 2016.
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