Perry et al v. Peak Property and Casualty Insurance Corporation et al

Filing 23

ORDER Setting Rule 16 Management Scheduling Conference. IT IS ORDERED Pretrial Scheduling Conference set for 4/9/2019 at 11:00 AM. The conference will be held telephonically. IT IS FURTHER ORDERED that, pursuant to Rule 26(f) of the Federal Rules o f Civil Procedure, the parties' attorneys are directed to confer at least 21 days prior to the scheduling conference. The parties shall prepare a joint Case Management Plan and file it with the Court not less than 5 days before the Rule 16 scheduling conference. Signed by Senior Judge David C Bury on 2/5/2019. (See attached Order for complete information)(DLC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kevin Perry, et al.,
Plaintiffs,

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v.

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No. CV-16-00555-TUC-DCB
ORDER: SETTING RULE 16 CASE
MANAGEMENT
SCHEDULING
CONFERENCE

Peak Property and Casualty Insurance
Corporation, et al.,

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Defendants.

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This case having been reversed and remanded on appeal of this Court’s granting of

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the Defendant Peak Property and Casualty Insurance Corporation Motion for Judgment on

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the Pleadings, the Mandate issued on January 28, 2019.

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Accordingly,

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IT IS ORDERED that, within 20 days of the filing date of this Order, the

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Defendants shall answer the Complaint.

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IT FURTHER IS ORDERED that, pursuant to Rule 16, Federal Rules of Civil

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Procedure, a Pretrial Scheduling Conference is set for Tuesday, April 9, 2019, at 11:00

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

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

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at: [phone].

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Counsel are directed to consult the Federal Rules of Civil Procedure for the

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objectives of the conference. At least one of the attorneys for each party attending the

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conference shall have authority to enter into stipulations and make admissions regarding

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all matters which may be discussed.

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IT IS FURTHER ORDERED that, pursuant to Rule 26(f) of the Federal Rules of

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Civil Procedure, the parties’ attorneys are directed to confer at least 21 days prior to the

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scheduling conference to discuss the following matters:

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1.

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

or amendment of the pleadings;
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The scope of discovery. Counsel are expected to comply with Rule 26(f),

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

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

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

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or claims of protection for trial-preparation materials asserted after production;
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Initial Disclosures. Prior to or when the parties confer pursuant to Rule 26(f),

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counsel should make the necessary disclosures required under Rule 26(a)(1). See Fed. R.

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Civ. P. 26(a)(1)(C) (providing for the Court to set the time for initial disclosures), see Fed.

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R. Civ. P.26(f)(2) (providing for initial disclosures to be made when parties confer). The

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parties shall include in their discovery plan when they made initial disclosures. Fed. R.

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Civ. P.26(f)(3)(A);

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4.

A schedule for all pre-trial proceedings;

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5.

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

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the case;

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Prospects for settlement; and

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

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an efficient manner.

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

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Management Plan and file it with the Court not less than 5 days before the Rule 16

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scheduling conference. The report shall include individually numbered brief statements

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indicating:

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1.

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

Pretrial Scheduling Conference.

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2.

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

claims and defendant's defenses;
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The factual and legal issues genuinely in dispute and whether they can be

narrowed by stipulation or motions;

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4.

The jurisdictional basis of the case, citing specific statutes;

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5.

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

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parties;

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6.

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

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7.

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

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pre-trial motions;
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Whether the case is suitable for reference to arbitration, to a master, or to a

magistrate for trial;
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The status of related cases pending before other judges of this court or before

other courts;
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Proposed deadlines for discovery, including when initial disclosures were

made; filing dispositive motions, and a proposed pre-trial order statement.
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Estimated date that the case will be ready for trial and the estimated length

of trial;

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12.

Whether a jury trial has been requested;

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13.

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

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

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assisted;

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14.

In class actions, the proposed dates for class certification proceedings and

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other class issues. Such certification will result in the case being reassigned to the complex

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track for case management purposes

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15.

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

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

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

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is necessary and essential; and
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Any other matters which counsel feel will aid the Court in expediting the

disposition of this matter efficiently.

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After the scheduling conference, the Court will enter a Rule 16 Scheduling Order

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

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

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of the action unless modified by subsequent Order.

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Dated this 5th day of February, 2019.

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