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ORDER that the reference to the Magistrate Judge is withdrawn and the parties shall lodge a Proposed Joint Final Pretrial Order no later than October 28, 2013.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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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 DEMETRIUS M. WHITE, 13 14 15 16 Plaintiff, vs. MIKE LINDERMEN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. CIV 11-8152 PCT RCB (SPL) O R D E R 17 18 The deadlines set forth in the Scheduling Order (Doc. 23) 19 as amended by Orders (Doc. 36, 29), have passed. 20 this court recently granted the motion for summary judgment 21 by defendants Linderman and Desmond, to the extent plaintiff 22 “requests damages under RLUIPA [the Religious Land Use and 23 Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq.] 24 and moratory damages[.]” Ord. (Doc. 68) at 20, ¶ (2). 25 court denied the remainder of defendants’ summary judgment 26 motion, however. 27 trial, the court hereby ORDERS that plaintiff pro se and the 28 attorney or attorneys who will be responsible for the trial Id. Further, The Because this action now is ready for 1 of this lawsuit prepare a proposed Joint Final Pretrial Order 2 and lodge it with the Clerk of the Court by no later than 3 October 28, 2013. 4 Although it is the defendants’ responsibility to ensure 5 that the proposed Joint Final Pretrial Order is properly 6 prepared and timely lodged, the plaintiff pro se shall fully 7 cooperate with the defendants to ensure that such Order is 8 properly prepared and timely lodged. That proposed Joint 9 Final Pretrial Order shall be signed by plaintiff pro se and 10 defense counsel. Plaintiff pro se may authorize defense 11 counsel to sign on his behalf. 12 The content of the proposed Joint Final Pretrial Order 13 shall include, but is not limited to, that prescribed in the 14 form of the proposed Joint Final Pretrial Order attached 15 hereto. 16 Pursuant to Fed.R.Civ.P. 16(d) and 37(c), the court will 17 not allow the parties to modify the Joint Final Pretrial 18 Order or introduce at trial any exhibits, witnesses, or other 19 information or to make any objections to exhibits that were 20 not previously specified and/or disclosed as directed by the 21 Court in the Joint Final Pretrial Order, except to prevent 22 manifest injustice. 23 (9th Cir. 2005). Galdamez v. Potter, 415 F.3d 1015, 1020 24 After the lodging of the signed proposed Joint Final 25 Pretrial Order, at a date to be set by the court, the parties 26 shall participate telephonically in a Pretrial Conference to 27 discuss that Proposed Order. 28 telephone. Plaintiff may appear by Counsel for the defendants shall provide the -2- 1 Court with a telephone number where plaintiff may be 2 contacted and make the necessary arrangements for his 3 appearance by telephone at the hearing. 4 Pretrial Conference, the court will issue the Final Pretrial 5 Order and set a trial date for this action. 6 7 8 9 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 10 Pretrial Order in accordance herewith by no 11 later than October 28, 2013. 12 DATED this 28th day of August, 2013. 13 14 15 16 17 18 Copies to counsel of record and plaintiff pro se White 19 20 21 22 23 24 25 26 27 28 -3- 1 2 3 4 FINAL PRETRIAL ORDER This Final Pretrial Order supersedes the pleadings and shall govern the trial and further proceedings in this case. A. 5 STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court jurisdiction: 6 (example - Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. §1332.) 7 8 B. NATURE OF ACTION. Provide a concise statement of 9 the type of case, the cause of the action, and the relief 10 sought: 11 (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.) 12 13 14 15 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: 21 (example - In order to prevail on this products liability case, the plaintiff, must prove the following elements...) 22 23 example - In order to defeat this products liability claim based on the statute of limitations or repose, the defendant must prove the following elements... 24 25 D. STIPULATION AND UNCONTESTED FACTS 26 E. CONTESTED ISSUES OF FACT AND LAW (See and refer to 27 subpart C above) 28 F. LIST OF WITNESSES. Include or separately attach a -4- 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. 4 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. 12 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. 16 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 19 , 20 . Any responses shall be filed by 20 , 20 . No replies may be filed without permission 21 of the court. Motions in Limine are deemed submitted without 22 argument. 23 J. LIST OF ANY PENDING UNRULED UPON MOTIONS 24 K. PROBABLE LENGTH OF TRIAL 25 26 For a Bench Trial L. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 27 shall be simultaneously filed by , 20 28 . . . -5- . 1 2 For a Jury Trial M. INSTRUCTIONS. The parties shall seek to stipulate 3 to jury instructions and any stipulated jury instructions shall be 4 filed , 20 . 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 7 , 20 . 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 10 11 , 20 N. . VOIR DIRE QUESTIONS. Any proposed voir dire questions 12 shall be filed by 13 O. CERTIFICATIONS. , 20 . The undersigned counsel for each of 14 the parties in this action do hereby certify and acknowledge the 15 following: 16 1. All discovery has been completed. 17 2. The identity of each witness has been disclosed 18 to opposing counsel. 19 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: 22 23 _______________________ Attorney for Defendants Plaintiff 24 25 26 THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED AND TRIAL IS 27 SET FOR , 20 at _____ A.M., COURTROOM 606, 28 Sixth Floor, Sandra Day O'Connor United States Courthouse, 401 W. -6- 1 Washington St., Phoenix, Arizona; COUNSEL SHALL APPEAR AT ____ A.M. 2 DATED this day of , 20 . 3 4 5 6 ROBERT C. BROOMFIELD SENIOR UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-

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