Dalton-Ross Homes, Inc. v. Harris Brothers, Inc. et al

Filing 6

IT IS ORDERED that a Scheduling Conference has been set for Monday, July 31, 2006, at 1:30 p.m., in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003, before the Hon. Paul G Rosenblatt. Signed by Judge Paul G Rosenblatt on 03/28/06. (PGR)

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Dalton-Ross Homes, Inc. v. Harris Brothers, Inc. et al Doc. 6 1 2 3 4 5 6 7 8 9 10 Dalton-Ross Homes, Inc., 11 12 13 14 15 16 Pursuant to LRCiv 16.2, this action is designated a Accordingly, ) ) Plaintiff, ) ) vs. ) ) Harris Brothers, Inc., et al.,) ) Defendants. ) ) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CV 06-851 PCT PGR ORDER SETTING SCHEDULING CONFERENCE 17 standard track case.1 18 19 IT IS ORDERED that: (1) This order shall serve as notice to the plaintiff 20 under Fed.R.Civ.P. 4(m) that the Court shall dismiss this 21 action without further notice with respect to any defendant for 22 whom there is not a proper return of service on file 23 24 1 25 December 1, 2005, may be found at www.azd.uscourts.gov. 26 27 28 The Local Rules for the District of Arizona, as amended, effective The Court expects counsel and unrepresented parties to familiarize themselves with the Local Rules as the Court will enforce them. Counsel are advised that the Chambers' e-mail box, established pursuant to the Court's CM/ECF rules, is to be used solely for the purpose of sending proposed orders to the Court, and is NOT to be used as a means of communicating with Chambers' staff. Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 1 of 16 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 establishing that service of process was accomplished within 120 days of the filing of the complaint, unless the plaintiff has filed prior to the expiration of the 120-day service period a motion requesting an extension of time to accomplish service, or unless Rule 4(m) is not applicable because service must be effectuated in a foreign country. (2) THE LIMITATION ON THE COMMENCEMENT OF FORMAL DISCOVERY SET FORTH IN FED.R.CIV.P. 26(d) IS WAIVED - FORMAL DISCOVERY NOT ONLY MAY COMMENCE AT ANY TIME AFTER SERVICE OF 10 PROCESS, BUT THE COURT EXPECTS DISCOVERY TO COMMENCE PRIOR TO 11 THE SCHEDULING CONFERENCE. 12 (3) Pursuant to Fed.R.Civ.P. 16(a), a Scheduling 13 Conference is set for Monday, July 31, 2006, at 1:30 p.m., in 14 Courtroom 601 of the Sandra Day O'Connor United States 15 Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. 16 The parties are directed to Rule 16 for the objectives of this 17 conference. Lead counsel, or the parties if unrepresented, At least 18 shall appear in person at the Scheduling Conference. 19 one attorney for each party attending the conference shall have 20 authority to enter into stipulations and make admissions 21 regarding all matters which may be discussed. 22 (4) The parties are directed to meet, either in person or 23 by telephone, at least 14 days before the date for filing the 24 Joint Case Management Report to confer regarding:2 25 26 2 27 intended to modify the provisions of Fed.R.Civ.P. 26(f) regarding the 28 meeting of counsel and the filing of a proposed discovery plan. The provisions of paragraphs (4) and (5) of this Order are expressly 2 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 2 of 16 1 2 3 4 5 6 7 8 9 10 A. The possibility of voluntarily consenting to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. 636(c) for all further purposes, including but not limited to the conducting of a jury or non-jury trial and the entry of final judgment, and the suitability of the action for referral to an alternative dispute resolution mechanism, pursuant to LRCiv 83.10; B. Any matters relating to jurisdiction, venue or joinder of additional parties; C. The scope of discovery and possible limitations 11 thereof, including any suggested changes in the limitations on 12 discovery imposed by the Federal Rules of Civil Procedures. 13 The parties are expected to minimize the expense of discovery 14 whenever possible. In cases in which dispositive motions will 15 be filed, the parties should consider limiting discovery to the 16 issue at hand until the Court has ruled on the motion; 17 D. A schedule of all pretrial proceedings, including 18 a trial date, an estimate of the length of trial, and any 19 suggestions for shortening trial; 20 E. Prospects for settlement, including whether the 21 parties wish to have a settlement conference before a 22 magistrate judge; and 23 F. Any matters which the parties may feel will help 24 dispose of the matter in an efficient and economical manner. 25 (5) THE PARTIES SHALL FILE WITH THE COURT, NOT LESS THAN 26 FOURTEEN (14) CALENDAR DAYS BEFORE THE SCHEDULING CONFERENCE, A 27 "JOINT CASE MANAGEMENT REPORT" REFLECTING THE RESULTS OF THEIR 28 3 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 3 of 16 1 2 3 4 5 6 7 8 9 DISCUSSIONS.3 The Joint Case Management Report shall be personally signed in compliance with Fed.R.Civ.P. 11(a) by an attorney of record for each party, or by the party himself if the party is unrepresented; no counsel or party shall sign the Joint Case Management Report on behalf of an opposing counsel or party. The Joint Case Management Report shall include individually lettered brief statements, set forth in the following order, indicating: A. The nature of the case, setting forth the factual 10 and legal bases of the plaintiff's claims and the defendant's 11 defenses in sufficient detail such that the Court need not 12 refer to the parties' pleadings to understand what the case is 13 about; 14 B. The jurisdictional basis of the case, citing 15 specific statutes; 16 C. The factual and legal issues genuinely in 17 dispute, and whether they can be narrowed by stipulation or 18 motion; 19 D. The parties, if any, which have not been served, 20 as well as parties which have not filed an answer or other 21 appearance. Unless counsel can otherwise show cause, a 22 proposed order or notice of voluntary dismissal shall accompany 23 the joint report dismissing any party, including a 24 fictitiously-named party, which has not been served, or seeking 25 26 3 27 Report is to be e-filed under the heading of "Report re: Rule 26(f) Planning 28 Meeting." For purposes of the Court's CM/ECF system, the Joint Case Management 4 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 4 of 16 1 2 3 4 5 6 7 8 9 entry of default and default judgment on any non-appearing party; E. jurisdiction; F. What formal or informal discovery has been done The names of parties not subject to the Court's and, if none, the reasons justifying the lack of discovery; G. Whether there are further dispositive or partially dispositive issues to be decided by pretrial motions, and the legal issues about which any pretrial motions are 10 contemplated; 11 H. Whether the parties will consent to have a United 12 States Magistrate Judge preside over all further proceedings, 13 including trial and the entry of judgment, or to have the case 14 referred to an alternative dispute resolution method; 15 I. The identity of and status of any related cases 16 pending before other judges of the District of Arizona or 17 before any other federal, state, or municipal court (see 18 LRCiv 42.1(a)(1) for meaning of relatedness), and, if a related 19 case exists, how the cases are related, and, if the related 20 case is another federal district court case, whether a motion 21 to consolidate or transfer has been filed and if none, the 22 reasons justifying the lack of such a motion; 23 J. Proposed deadlines for (1) filing motions 24 pursuant to Fed.R.Civ.P. 12(b), motions to amend pleadings and 25 motions to join additional parties; (2) exchanging initial 26 disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and disclosing 27 28 5 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 5 of 16 1 2 3 4 5 6 7 8 9 expert witnesses and their reports pursuant to Fed.R.Civ.P. 26(a)(2); (3) completing expert witness depositions; (4) completing discovery; (5) filing dispositive motions; and (6) filing a Joint Pretrial Statement. (Specific dates, i.e. a month, day, and year - not x days before trial, etc. - for these deadlines must be included in the body of the Joint Case Management Report, using the attached form of Scheduling Order as a reference only - do not submit a completed proposed scheduling order. The proposed dates must not be a federal If the parties cannot agree on 10 legal holiday or a weekend.) 11 deadlines, separate dates may be submitted for discussion at 12 the Scheduling Conference; 13 K. Estimated date that the case will be ready for 14 trial, the estimated length of trial, and any suggestions for 15 shortening the trial; 16 L. Whether a jury trial has been requested, and if 17 the parties differ as to whether a jury trial has been properly 18 requested, the bases for their positions; 19 M. Whether any settlement negotiations have taken 20 place and the prospects for settlement, including any request 21 to have a settlement conference before another United States 22 District Judge or Magistrate Judge, or other request of the 23 Court for assistance in settlement efforts; 24 N. In class actions, the proposed dates for class 25 certification proceedings and other class management issues. 26 Such certification will result in the case being reassigned to 27 the complex track for case management purposes; 28 6 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 6 of 16 1 2 3 4 5 6 7 8 9 O. Whether any unusual, difficult, or complex problems or issues exist which would require this case to be placed on the complex track for case management purposes; and P. Any other matters which the parties feel will aid the Court in resolving this dispute in a just, speedy, and inexpensive manner. (6) The plaintiff shall serve a copy of this order on all defendants who have not filed an appearance with the Court, either with service of process or promptly after receipt of 10 this order if service was accomplished prior to such receipt, 11 and shall promptly file a notice of such service. It shall be 12 the responsibility of the plaintiff to timely initiate the 13 communication necessary to prepare the Joint Case Management 14 Report. THE PARTIES AND THEIR COUNSEL ARE WARNED THAT 15 APPROPRIATE SANCTIONS MAY BE IMPOSED PURSUANT TO FED.R.CIV.P. 16 16(f) AND FED.R.CIV.P. 37(b)(2) IF THERE IS A FAILURE TO TIMELY 17 COMPLY WITH THIS ORDER OR IF THERE IS A FAILURE TO ATTEND THE 18 SCHEDULING CONFERENCE. If a party or counsel believes that 19 good cause exists to continue the deadline for filing the Joint 20 Case Management Report and the Scheduling Conference date, it 21 shall be that person's responsibility to formally seek such a 22 continuance prior to the date for filing the Joint Case 23 Management Report.4 24 25 4 26 27 28 In order to conserve scarce judicial resources, the parties are directed to promptly inform the Court if they are involved in negotiations which they reasonably believe may make the resolution of any pending motion unnecessary. 7 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 7 of 16 1 2 3 4 5 6 7 8 9 (7) After the Scheduling Conference, the Court will enter a Scheduling Order, which shall control the course of this action, unless modified by subsequent order. This Court views this Scheduling Conference as critical to its case management responsibilities and those of the parties, and the parties are cautioned that the deadlines set at this conference shall be enforced and that no amendments to the Scheduling Order shall be made without a court order. (8) The parties shall satisfy the filing requirement of 10 Fed.R.Civ.P. 26(a)(4) by filing with the Clerk of the Court a 11 notice of disclosure - no copies of any actual disclosures 12 shall be filed with the Court. (See LRCiv 5.2). 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 8 of 16 DATED this 28th day of March, 2006. 1 2 3 4 5 6 7 8 9 10 Xxxxx, 11 12 13 14 15 16 17 on 18 19 A Scheduling Conference having been held before this Court , IT IS ORDERED that: (1) Motions pursuant to Fed.R.Civ.P. 12(b), motions to ) ) Plaintiff, ) )) vs. ) ) Yyyyy, ) ) Defendant. ) ______________________________) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CV _____ P__ PGR SCHEDULING ORDER 20 amend pleadings, and motions to join additional parties shall 21 be filed no later than 22 (2) .5 Parties shall exchange their respective initial 23 disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and file with 24 the Court a notice of such exchange, no later than 25 26 27 28 Case 3:06-cv-00851-PGR Document 6 In order to conserve scarce judicial resources, the parties are directed to promptly inform the Court if they are involved in negotiations which they reasonably believe may make the resolution of any pending motion unnecessary. 5 . EXHIBIT TO ORDER Filed 03/28/2006 Page 9 of 16 1 2 3 4 5 6 7 8 9 The plaintiff shall disclose its expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than . The defendant shall disclose its expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than witness depositions shall be completed by (3) . . Expert All discovery, including answers to interrogatories, , and supplemental disclosures shall be completed by and discovery responses shall thereafter be made as required by Discovery which cannot be timely responded 10 Fed.R.Civ.P. 26(e). 11 to prior to the discovery deadline will be met with disfavor, 12 and could result in denial of an extension, exclusion of 13 evidence, or the imposition of other sanctions. Parties are 14 directed to LRCiv 7.2(j), which prohibits filing discovery 15 motions unless the parties have first met to resolve any 16 discovery difficulties. If parties cannot reach a resolution 17 of discovery disputes arising during depositions, they are 18 directed to arrange a conference call with the Court to resolve 19 the disputes. 20 21 (4) All dispositive motions shall be filed by . . (5) A Joint Pretrial Statement shall be filed by 22 If dispositive motions are filed, then this Joint Pretrial 23 Statement shall be due either on the above date or 30 days 24 following the resolution of the motions, whichever is later. 25 The content of the Joint Pretrial Statement shall include, but 26 not be limited to, that prescribed in a standard form of Joint 27 Pretrial Statement provided to the parties. 28 2 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 10 of 16 The parties shall 1 2 3 4 5 6 7 8 9 augment the Joint Pretrial Statement as necessary so it contains all of the pretrial disclosures as defined and required by Fed.R.Civ.P. 26(a)(3). It shall be the responsibility of the plaintiff to timely initiate the process of drafting the Joint Pretrial Statement and the plaintiff shall submit its draft of the Joint Pretrial Statement to the defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement. (6) Motions in limine shall be filed no later than the Responses to No 10 date of filing of the Joint Pretrial Statement. 11 motions in limine are due ten business days after service. 12 replies are permitted. The hearing on the motions in limine, 13 if one is permitted by the Court, will take place at the time 14 of the Pretrial Conference. No motion in limine shall be filed 15 unless a statement of moving counsel is attached thereto 16 certifying that after personal consultation and sincere efforts 17 to do so, counsel have been unable to satisfactorily resolve 18 the matter. 19 (7) The attorneys for each party who will be responsible 20 for trial of the lawsuit, or the parties if pro per, shall 21 appear and participate in a Pretrial Conference on . 22 Because Pretrial Conferences are held for the parties' benefit, 23 and further because the parties' presence will facilitate frank 24 discussion of the pertinent issues in the lawsuit, each party 25 or a representative with binding settlement authority shall 26 attend the Pretrial Conference. If dispositive motions are 27 filed, the Court will continue the date of the Pretrial 28 3 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 11 of 16 1 2 3 4 5 6 7 8 9 Conference, if one is still necessary, until after the resolution of such motions and the filing of a Joint Pretrial Statement. (8) Selection of a trial date, and directions for filing trial briefs, proposed findings of fact and conclusions of law or proposed jury instructions and voir dire questions, and for marking trial exhibits shall be set forth in an order entered following the completion of the Pretrial Conference. (9) The parties are cautioned that the deadlines set in 10 this Scheduling Order shall be enforced, and that the Court 11 will not entertain any stipulations to continue them - any 12 request to extend any of the deadlines set herein must be made 13 by means of a motion, joint or otherwise, and no such motion 14 shall be granted unless very good cause is shown. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 12 of 16 1 2 3 4 5 6 7 8 9 10 11 Yyyyyyyy, 12 Defendant. 13 14 vs. Xxxxxxxx, Plaintiff, ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CV ____ P__ PGR JOINT PRETRIAL STATEMENT Pursuant to the Scheduling Order entered on 15 _______________, the following is the parties' Joint Pretrial 16 Statement. 17 18 19 20 21 C. B. A. COUNSEL FOR THE PARTIES. Include mailing address, office phone and fax numbers. STATEMENT OF JURISDICTION. Cite the facts and the statute(s) which give this Court jurisdiction. PARTIES REMAINING IN ACTION. List the parties named 22 in the operative complaint who have not been dismissed from the 23 action. If any of the remaining parties have not been served, 24 list those parties separately. 25 D. CLAIMS/CAUSES OF ACTIONS REMAINING IN ACTION. List by 26 name and count number (if any) the claims or causes of action 27 28 EXHIBIT TO ORDER Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 13 of 16 1 2 3 4 5 6 7 8 9 in the operative complaint that have not been previously dismissed. E. NATURE OF ACTION. Provide a concise statement of the type of case, the cause of action, and the relief sought. F. CONTENTIONS OF THE PARTIES. count of the complaint, counterclaim or cross-claim, and to any defense or rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list With respect to each 10 the elements or standards that must be proved in order for the 11 party to prevail on that claim or defense. 12 relevant legal authority is required. Brief citation to Statements made shall 13 not be in form of a question but should be a concise narrative 14 statement of each party's contention as to each uncontested and 15 contested issue. 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 14 of 16 J. I. G. H. STIPULATIONS AND UNCONTESTED MATERIAL FACTS. CONTESTED ISSUES OF MATERIAL FACT. Each issue of fact must be stated separately and in specific terms, as must the parties' contentions as to each issue. CONTESTED ISSUES OF LAW. Each issue of law must be stated separately and in specific terms, as must the parties' contentions as to each issue. WITNESSES. List all potential witnesses by name and address, identifying each as either plaintiff's or defendant's, and indicating (1) whether the witness is a fact or expert witness, (2) whether the witness will be called at trial, may be called at trial, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M. L. K. is unlikely to be called at trial, and (3) if outside the Court's subpoena power, whether the witness has been contacted to determine if the witness will voluntarily agree to testify. A brief statement as to the anticipated testimony of each witness must be included. LIST OF EXHIBITS. Potential exhibits shall be numbered and listed by each party, with a description of each containing sufficient information to identify the exhibit, and indicating as to each exhibit whether the parties have or will agree to its admission or whether an objection is anticipated. The party opposing the admission of any exhibit shall specify the objection and briefly explain the basis for the objection. Those portions of depositions that will be read at trial must be listed by page and line number, and objections thereto must be specified. LIST OF PENDING MOTIONS. of filing. PROBABLE LENGTH OF TRIAL AND WHETHER A JURY TRIAL OR BENCH TRIAL. The reason for any dispute as to Identify by name and date whether a jury trial was timely requested must be specified. 3 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 15 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM AND CONTENT: _______________________________ Attorney for Plaintiff(s) Date _______________________________ Attorney for Defendant(s) Date 4 Case 3:06-cv-00851-PGR Document 6 Filed 03/28/2006 Page 16 of 16

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