White v. Lindermen et al

Filing 69

ORDER that the reference to the Magistrate Judge is withdrawn and the parties shall lodge a Proposed Joint Final Pretrial Order no later than October 28, 2013. Signed by Senior Judge Robert C Broomfield on 8/28/13. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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DEMETRIUS M. WHITE,

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Plaintiff,
vs.
MIKE LINDERMEN, et al.,
Defendants.

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No. CIV 11-8152 PCT RCB (SPL)
O R D E R

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The deadlines set forth in the Scheduling Order (Doc. 23)

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as amended by Orders (Doc. 36, 29), have passed.

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this court recently granted the motion for summary judgment

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by defendants Linderman and Desmond, to the extent plaintiff

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“requests damages under RLUIPA [the Religious Land Use and

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Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq.]

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and moratory damages[.]” Ord. (Doc. 68) at 20, ¶ (2).

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court denied the remainder of defendants’ summary judgment

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motion, however.

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trial, the court hereby ORDERS that plaintiff pro se and the

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attorney or attorneys who will be responsible for the trial

Id.

Further,

The

Because this action now is ready for

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of this lawsuit prepare a proposed Joint Final Pretrial Order

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and lodge it with the Clerk of the Court by no later than

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October 28, 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

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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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(9th Cir. 2005).

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

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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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telephone.

Plaintiff may appear by

Counsel for the defendants shall provide the

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Court with a telephone number where plaintiff may be

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contacted and make the necessary arrangements for his

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appearance by telephone at the hearing.

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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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Following that

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 October 28, 2013.

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DATED this 28th day of August, 2013.

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Copies to counsel of record and plaintiff pro se White
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FINAL PRETRIAL ORDER
This Final Pretrial Order supersedes the pleadings and
shall govern the trial and further proceedings in this case.
A.

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STATEMENT OF JURISDICTION.

Cite the statute(s) which

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

9 the type of case, the cause of the action, and the relief
10 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

16 count of the complaint, counterclaim or cross-claim, and to any
17 defense, affirmative defense, or the rebuttal of a presumption
18 where the burden of proof has shifted, the party having the burden
19 of proof shall list the elements or standards that must be proved
20 in order for the party to 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

27 subpart C above)
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F.

LIST OF WITNESSES.

Include or separately attach a

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1 list(s) of witnesses, identifying each as either plaintiff's or
2 defendants’ witnesses and indicating whether the witness is a fact
3 or expert witness.
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G.

LIST OF EXHIBITS.

Include or separately attach a

5 list(s) of numbered exhibits, identifying each as either
6 plaintiff's or defendants’, with a description of each containing
7 sufficient information to identify the exhibit, indicating whether
8 there is an objection to its admission and, if so, the nature of
9 the objection(s) anticipated.

The actual exhibits must

10 be later marked according to instructions which will be provided at
11 the final pre-trial conference.
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H.

LIST OF DEPOSITIONS.

Include or separately attach

13 those portions of depositions that will be read at trial by each
14 party listed by page and line number, whether there is an objection
15 to each passage and, if so, the nature of the objection.
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I.

MOTIONS IN LIMINE.

Motions in Limine are intended

17 to encompass only significant evidentiary issues and are generally
18 discouraged.

Such motions, if allowed, shall be filed by

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Any responses shall be filed by

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No replies may be filed without permission

21 of the court.

Motions in Limine are deemed submitted without

22 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

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For a Jury Trial
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INSTRUCTIONS.

The parties shall seek to stipulate

3 to jury instructions and any stipulated jury instructions shall be
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Instructions

5 which are not agreed upon shall include citation to authority which
6 shall not exceed one page per instruction and shall be filed by
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Objections to any non-agreed

8 upon instruction shall include citation to authority which shall
9 not exceed one page per instruction and may be filed by
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, 20
N.

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VOIR DIRE QUESTIONS.

Any proposed voir dire questions

12 shall be filed by
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O.

CERTIFICATIONS.

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The undersigned counsel for each of

14 the parties in this action do hereby certify and acknowledge the
15 following:
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1.

All discovery has been completed.

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2.

The identity of each witness has been disclosed

18 to opposing counsel.
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3.

Each exhibit listed herein (a) is in existence;

20 and (b) has been disclosed and shown to opposing counsel.
21 APPROVED AS TO FORM AND CONTENT:
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_______________________
Attorney for Defendants

Plaintiff
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THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS

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at _____ A.M., COURTROOM 606,

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

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1 Washington St., Phoenix, Arizona; COUNSEL SHALL APPEAR AT ____ A.M.
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DATED this

day of

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ROBERT C. BROOMFIELD
SENIOR UNITED STATES DISTRICT JUDGE

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