Water Tec of Tucson, Inc. v. Water Tec International, Inc.

Filing 95

ORDER, Telephonic Pretrial Scheduling Conference set for 7/23/2013 at 10:00 AM before the law clerk for Senior Judge David C Bury. Counsel are directed to confer at least 21 days prior to the scheduling conference and the parties shall prepare a join t Case Management Plan and file it with the Court not less than 5 days before the Rule 16 scheduling conference. It is further ordered that all un-named Defendants are subject to dismissal from this action for lack of service within 120 days of the f iling of the Complaint. Plaintiff shall be prepared at the scheduling conference to show good cause why these Defendants should not be dismissed subsequent to the scheduling conference. Signed by Senior Judge David C Bury on 6/26/13. (See attached PDF for complete information.) (KAH)

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1 WO 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Water Tec of Tucson, Inc., an Arizona ) ) corporation, ) ) Plaintiff, ) ) v. ) Water Tec International, Inc., an Arizona ) ) corporation, ) ) Defendant. ) ) Richard J. DeGrave and Lupita DeGrave, ) ) husband and wife, ) ) Plaintiffs/Counterdefendants, ) ) v. ) Water Tec of Tucson Inc., an Arizona ) corporation, Richard Leigh DeGrave and ) Jennifer DeGrave, husband and wife and ) ) individually, ) ) Defendants/Counterplaintiffs. ______________________________________ ) CV 09-434 TUC DCB (LEAD) CV 12-747 TUC DCB (CONSOLIDATED) ORDER SETTING RULE 16 SCHEDULING CONFERENCE 22 23 IT IS ORDERED that, pursuant to Rule 16, Federal Rules of Civil Procedure, a 24 Pretrial Scheduling Conference is set for Tuesday, July 23, 2013 at 10:00 a.m. The 25 conference will be held telephonically with the Judge's law clerk, Greer Barkley. 26 Plaintiffs' counsel shall initiate the conference call with all appropriate parties on the 27 line to (520) 205-4560. In the event that counsel wishes to personally appear at the 28 1 scheduling conference, counsel shall give such notice to the law clerk assigned this case at 2 least 3 days prior to the conference. 3 Counsel are directed to consult the Federal Rules of Civil Procedure for the 4 objectives of the conference. At least one of the attorneys for each party attending the 5 conference shall have authority to enter into stipulations and make admissions regarding all 6 matters which may be discussed. 7 IT IS FURTHER ORDERED that, pursuant to Rule 26(f) of the Federal Rules of 8 Civil Procedure, counsel are directed to confer at least 21 days prior to the scheduling 9 conference to discuss the following matters: 10 1. Any matters relating to jurisdiction or venue or the joinder of additional parties; 11 2. The scope of discovery. Counsel are expected to comply with Rule 26(f), Federal 12 Rules of Civil Procedure, and seek to minimize the expense of discovery. The 13 parties shall determine how to handle the disclosure or discovery of electronically 14 stored information. The parties shall make any agreements as to how to handle 15 claims of privilege or claims of protection for trial-preparation materials asserted 16 after production; 17 3. Initial Disclosures. Prior to or when the parties confer pursuant to Rule 26(f), 18 counsel should make the necessary disclosures required under Rule 26(a)(1). 19 See Fed. R. Civ. P. 26(a)(1)(C) (providing for the Court to set the time for 20 initial disclosures), see Fed. R. Civ. P.26(f)(2) (providing for initial 21 disclosures to be made when parties confer). The parties shall include in 22 their discovery plan when they made initial disclosures. Fed. R. Civ. 23 P.26(f)(3)(A); 24 4. A schedule for all pre-trial proceedings; 25 5. Modification of pre-trial procedures due to the simplicity or complexity of the 26 27 case; 6. Prospects for settlement; and 28 2 1 7. Any other matters which counsel may feel will help dispose of the matter in an efficient manner. 2 3 IT IS FURTHER ORDERED that the parties shall prepare a joint Case 4 Management Plan and file it with the Court not less than 5 days before the Rule 16 5 scheduling conference. The report shall include individually numbered brief statements 6 indicating: 7 8 9 10 11 12 1. The names and telephone numbers for counsel who are appearing at the Pretrial Scheduling Conference. 2. The nature of the case, setting forth the factual and legal basis of plaintiff's claims and defendant's defenses; 3. The factual and legal issues genuinely in dispute and whether they can be narrowed by stipulation or motions; 13 4. The jurisdictional basis of the case, citing specific statutes; 14 5. The parties, if any, that have not been served; 15 6. The names of parties not subject to the Court's jurisdiction; 16 7. Whether there are dispositive or partially dispositive issues to be decided by 17 18 19 20 21 22 pre-trial motions; 8. Whether the case is suitable for reference to arbitration, to a master, or to a magistrate for trial; 9. The status of related cases pending before other judges of this court or before other courts; 10. made; filing dispositive motions, and a pre-trial statement; 23 24 11. Estimated date that the case will be ready for trial and the estimated length of trial; 25 26 Proposed deadlines for discovery, including when initial disclosures were 12. Whether a jury trial has been requested; 27 28 3 1 13. The prospects for settlement, including whether any party wishes to have 2 a settlement conference with another judge or magistrate and how 3 settlement efforts can be assisted; 4 14. In class actions, the proposed dates for class certification proceedings and 5 other class issues. Such certification will result in the case being 6 reassigned to the complex track for case management purposes 7 15. Any unusual, difficult, or complex problems affecting the conduct of the 8 case. If the parties believe that discovery will require more than six 9 months, counsel MUST provide an explanation showing why, in the 10 instant case, a lengthier period for discovery is necessary and essential; 11 and 12 13 16. Any other matters which counsel feel will aid the Court in expediting the disposition of this matter efficiently. 14 After the scheduling conference, the Court will enter a Rule 16 Scheduling Order 15 setting the time within which counsel may complete discovery, file pre-trial dispositive 16 motions, and file the proposed pre-trial order. The Court's Order shall control the course of 17 the action unless modified by subsequent Order. 18 IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(m), all un-named 19 Defendants are subject to dismissal from this action for lack of service within 120 days of 20 the filing of the Complaint. Plaintiff shall be prepared at the scheduling conference to show 21 good cause why these Defendants should not be dismissed, without prejudice, subsequent to 22 the scheduling conference. 23 DATED this 26th day of June, 2013. 24 25 26 27 28 4

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