McBurnie v. Prescott, City of, et al.

Filing 198

ORDER that the parties shall file a Proposed Pretrial Order by 2/14/2014. Final Pretrial Conference set for 2/19/2014 at 2:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Frederick J Martone. Jury Trial set for 3/3/2014 at 9:00 AM before Senior Judge Frederick J Martone. Signed by Senior Judge Frederick J Martone on 10/29/2013. (See Order for details.)(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert McBurnie,
Plaintiff,

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vs.

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City of Prescott et al,
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Defendants.
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No. CV 09-08139-PCT-FJM
ORDER

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We are now advised that settlement was not reached at the conference before Magistrate

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Judge Duncan on September 26, 2013 (doc. 196). Status Report of Oct. 10, 2013 (doc. 197).

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Accordingly, all that remains are further proceedings on remanded claims:

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1. McBurnie’s First Amendment retaliation claim was remanded for “a renewed motion

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for summary judgment on the basis of the evidentiary record presented at trial.”

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Memorandum of Mar. 13, 2013 at 3 (doc.182).
2. McBurnie’s FLSA retaliation claim was remanded for trial to add actions short of

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discharge. Id. at 4.
3. McBurnie’s Negligence claim (for emotional distress) was remanded for trial. Id. at

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6.

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It is therefore ORDERED that defendants’ motion for summary judgment limited to the

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trial record on the First Amendment retaliation claim shall be filed no later than November

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27, 2013. Plaintiff’s Response shall be filed no later than December 27, 2013. Defendants’

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Reply shall be filed no later than January 13, 2014.

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It is further ORDERED that the parties shall file a proposed pretrial order (in our format)

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no later than February 14, 2014; that the Final Pretrial Conference shall be held on February

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19, 2014 at 2:00 PM; and, that the case shall be tried to a jury on March 3, 2014 at 9:00 AM

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for no longer than 4 days. Whether the case shall be tried in Prescott or Phoenix shall depend

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on courtroom availability and other factors.

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DATED this 29th day of October, 2013.

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