Emerson v. Corizon Incorporated et al

Filing 89

ORDER that, pursuant to Rule 16, Federal Rules of Civil Procedure, a Pretrial Scheduling Conference is set for Tuesday, April 9, 2019 at 11:30 a.m. The conference will be held telephonically with the Judge's law clerk, Greer Barkley. IT IS FURT HER ORDERED that counsel are directed to confer prior to the conference and the parties shall prepare a joint Case Management Plan and file it with the Court not less than 5 days before the Case Management Scheduling Conference. Signed by Senior Judge David C Bury on 3/11/2019. See ORDER for details. (MCO)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
Anthony Eric Emerson,

9

Plaintiff,

10
11

ORDER

v.

12

No. CV-16-00229-TUC-DCB

Corizon Incorporated, et al.,

13

Defendants.

14
15

The Court having reviewed the status report filed by Plaintiff’s counsel, dated

16

February 13, 2019, it appears that the case management schedule1 needs to be reviewed by

17

the Court.
IT IS ORDERED that, pursuant to Rule 16, Federal Rules of Civil Procedure, a

18
19

Pretrial Scheduling Conference is set for Tuesday, April 9, 2019 at 11:30 a.m.

20

conference will be held telephonically with the Judge's law clerk, Greer Barkley.

21

Plaintiffs' counsel shall initiate the conference call with all appropriate parties on the line

22

to [phone].
Counsel are directed to consult the Federal Rules of Civil Procedure for the

23
24

objectives of the conference.
IT IS FURTHER ORDERED that counsel are directed to confer prior to the

25
26

The

scheduling conference to discuss the following matters:

27
28
1

See Case Management Scheduling Order (Doc. 38) issued December 16, 2016.

1
2

1.

Any matters relating to jurisdiction, venue, the joinder of additional parties

or amendment of the pleadings;

3

2.

The scope of discovery.2 Counsel are expected to comply with Rule 26(f),

4

Federal Rules of Civil Procedure, and seek to minimize the expense of discovery. The

5

parties shall determine how to handle the disclosure or discovery of electronically stored

6

information. The parties shall make any agreements as to how to handle claims of privilege

7

or claims of protection for trial-preparation materials asserted after production;

8

3.

Initial Disclosures should have been made;

9

4.

A schedule for all pre-trial proceedings;

10

5.

Modification of pre-trial procedures due to the simplicity or complexity of

11

the case;

12

6.

Prospects for settlement; and

13

7.

Any other matters which counsel may feel will help dispose of the matter in

14

an efficient manner.

15

IT IS FURTHER ORDERED that the parties shall prepare a joint Case

16

Management Plan and file it with the Court not less than 5 days before the Case

17

Management Scheduling Conference. The report shall include individually numbered brief

18

statements indicating:

19
20

1.

Pretrial Scheduling Conference.

21
22

2.

The nature of the case, setting forth the factual and legal basis of plaintiff's

claims and defendant's defenses;

23
24

The names and telephone numbers for counsel who are appearing at the

3.

The factual and legal issues genuinely in dispute and whether they can be

narrowed by stipulation or motions;

25

4.

The jurisdictional basis of the case, citing specific statutes;

26
27
28

2

The Court notes that the original deadline for completing discovery, July 16, 2016,
expired without an extension. Plaintiff was appointed counsel on January 9, 2018,
subsequent to Defendants filing a timely dispositive motion after discovery had closed, but
with discovery requests pending by the Plaintiff. Upon appointing counsel, the Court
denied both without prejudice.
-2-

1
2

5.

The parties, if any, that have not been served or any joinder of additional

parties;

3

6.

The names of parties not subject to the Court's jurisdiction;

4

7.

Whether there are dispositive or partially dispositive issues to be decided by

5

pre-trial motions;

6
7

8.

before other courts;

8
9

9.

Proposed deadlines for discovery, filing dispositive motions, and a proposed

pre-trial order statement;3

10
11

The status of any related cases pending before other judges of this court or

10.

Estimated date that the case will be ready for trial and the estimated length

of trial;

12

11.

Whether a jury trial has been requested;

13

12.

The prospects for settlement, including whether any party wishes to have a

14

settlement conference with another judge or magistrate and how settlement efforts can be

15

assisted;

16

13.

Any unusual, difficult, or complex problems affecting the conduct of the

17

case. If the parties believe that discovery will require more than six months, counsel MUST

18

provide an explanation showing why, in the instant case, a lengthier period for discovery

19

is necessary and essential; and

20
21

14.

Any other matters which counsel feel will aid the Court in expediting the

disposition of this matter efficiently.

22

After the scheduling conference, the Court will enter an Updated Scheduling Order

23

setting the time within which counsel may complete discovery, file pre-trial dispositive

24

///

25

///

26

///

27

///

28

3

See n. 1. Proposed case management deadlines should be made in the context of the status
of this case; this is not an invitation for a “do over.”
-3-

1

motions, and file the proposed pre-trial order. The Court's Order shall control the course

2

of the action unless modified by subsequent Order.

3

Dated this 11th day of March, 2019.

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

-4-