Jerald #351198 v. Nanos et al

Filing 44

SCHEDULING ORDER: IT IS ORDERED that the parties abide by the following case management schedule: Any motion for summary judgment regarding exhaustion of administrative remedies shall be filed within 30 days of the filing date of this Order. Joind er of additional parties or amendment of the pleadings shall be requested by (45 days from the date of this Order) April 28, 2025, or 30 days from disposition of any dispositive motion based on exhaustion. The parties should note that willful fail ure to comply with any of the terms of this Order, the Federal Rules of Civil Procedure or other applicable rules may result in dismissal of this action without further notice to Plaintiff, or sanctions upon Defendants. Signed by Senior Judge Cindy K Jorgenson on 03/11/2025. (See attached Order for complete details.) (VRS)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Evan McCarrick Jerald,

10

Plaintiff,

11

v.

12

Christopher Nanos, et al.,

13

Defendants.

No. CV-24-00363-TUC-CKJ
SCHEDULING ORDER

14
15
16

Plaintiff is a pro se prisoner who has filed an action alleging civil rights violations.

17

See Fed. R. Civ. P. 26(a)(1)(B)(iv) (exempting from Rule 26 initial disclosure requirements

18

actions brought without an attorney by a person in custody); LRCiv. 16.2(b)(2)(B) (setting

19

case management deadlines for cases designated on the detainee track). The following

20

Scheduling Order, entered pursuant to Fed.R.Civ.P. 16, shall govern the course of this

21

action:
IT IS ORDERED that the parties abide by the following case management

22
23

schedule:

24

A.

25

remedies shall be filed within 30 days of the filing date of this Order. Albino v. Baca,

26

747 F.3d 1162 (9th Cir. 2014). If such a motion is filed by that date, discovery is stayed,

27

and the deadlines set in this scheduling order are extended to commence upon disposition

28

Any motion for summary judgment regarding exhaustion of administrative

1

of the exhaustion question. Alternatively, if no such motion is filed by that date, the

2

deadlines commence immediately.

3

In the event a Motion for Summary Judgment regarding exhaustion is filed, it is the

4

responsibility of the parties to track the alternative case management deadlines continued,

5

herein.

6

B.

7

(45 days from the date of this Order) April 28, 2025, or 30 days from disposition of any

8

dispositive motion based on exhaustion.

9

C.

10

expense, on or before 30 days from joinder of parties.

11

D.

12

or before that date, the parties are directed to exchange their complete list of witnesses.

13

E.

14

and experts shall be completed by 90 days from joinder of parties. No discovery shall take

15

place after that date without leave of Court upon good cause shown.

16

F.

Joinder of additional parties or amendment of the pleadings shall be requested by

If they choose to counsel for Defendants shall depose Plaintiff, at Defendants'

Parties shall disclose a witness list on or before 60 days from joinder of parties. On

All discovery, including depositions of parties (other than the plaintiff), witnesses

Dispositive motions shall be filed on or before 120 days from joinder of parties.

17

1. Pursuant to LRCiv 7.2 and LRCiv 56.1, parties may file a motion, response, and

18

reply. No additional briefing on a motion is allowed unless leave of Court is granted.

19

Failure to file a response may be deemed a consent to a granting of the motion. A response

20

must be served and filed within fourteen days of service on the motion; the moving party

21

has seven days from service to serve and file a reply. LRCiv 7.2. Rule 56 motions for

22

summary judgment and Rule 12(b)(1) motions to dismiss for lack of subject matter

23

jurisdiction provide an exception to the above time limits: the time for a response is 30

24

days and the time for a reply is 15 days. LRCiv 56.1. Additional time may be permitted for

25

service. See Fed. R. Civ. P. 6(d). Unless otherwise permitted by the Court, a motion or

26

response, inclusive of supporting memorandum but exclusive of attachments and statement

27

of facts, shall not exceed 17 pages; a reply shall not exceed 11 pages. LRCiv 7.2.

28

2. Any pleading which is submitted with more than one exhibit must be

-2-

1

accompanied by a Table of Contents. The exhibits must be indexed with tabs that

2

correspond to the Table of Contents. Absent exigent circumstances, the Court will not

3

consider pleadings which do not conform to these requirements.

4

G.

5

status of any settlement discussions by close of discovery. The reports shall contain no

6

specific terms of settlement proposals. The reports shall be brief and shall not include any

7

settlement details (i.e., one—two sentences).

8

H.

9

resolution of the dispositive motions filed after the end of discovery. If no such motions

10

are filed, a Joint Proposed Pretrial Order will be due within 30 days of the close of

11

discovery. The content of the proposed pretrial order shall include, but not be limited to,

12

that prescribed in the Form of Pretrial Order attached hereto.

The parties are directed to submit separate Settlement Status Reports regarding the

The Joint Proposed Pretrial Order shall be filed within thirty (30) days after

13

1. Pursuant to Federal Rule 37(c), the Court will not allow the parties to

14

offer any exhibits, witnesses or other information that were not previously disclosed in

15

accordance with the provisions of this Order and the Federal Rules of Civil Procedure or

16

not listed in the Proposed Pretrial Order, except for good cause.

17

2. A jury demand has been made.

18

3. The pretrial conference will be set upon receipt of the Joint Pretrial

19

Order/Statement. The parties responsible for trial of the lawsuit shall appear and participate

20

in the pretrial conference. At the pretrial conference, the Court will set the deadlines for

21

filing and disposing of the following matters: proposed voir dire, jury instructions, trial

22

memorandum, deposition testimony to be used at trial, and motions in limine.

23

I.

24

Fed. R. Civ. P. 16, LRCiv 7.1, and LRCiv 7.3. A motion for continuance shall be filed

25

prior to the expiration of the deadline. The schedule set forth in this Order may only be

26

modified with leave of Court and upon a showing of good cause. See Fed. R. Civ. P. 16(b);

27

Johnson v. Mammoth Recreation, Inc., 975 F.2d 604 (9th Cir. 1992) (requiring a showing

28

of good cause under Rule 16 to amend complaint beyond scheduling order deadline).

Motions for extensions of any of the deadlines set forth above shall be governed by

-3-

1

Additionally, any motion for continuance of a discovery deadline, including a stipulation,

2

shall set forth specifically what discovery has been conducted to date, the discovery to be

3

completed, and the reasons why discovery has not been completed within

4

the deadline.

5

This Order contemplates that each party will conduct discovery in such a manner to

6

complete, within the deadline, any and all discovery. "Last minute or eleventh hour"

7

discovery which results in insufficient time to undertake additional discovery, and which

8

requires an extension of the discovery deadline will be met with disfavor, and could result

9

in denial of an extension, exclusion of evidence, or the imposition of other sanctions.

10

The parties should note that willful failure to comply with any of the terms of this

11

Order, the Federal Rules of Civil Procedure or other applicable rules may result in dismissal

12

of this action without further notice to Plaintiff, or sanctions upon Defendants. Ferdik v.

13

Bonzelet, 963 F.2d 1258 (9th Cir. 1992). Plaintiff is cautioned to comply with all applicable

14

rules of civil procedure; his pro se status will not excuse noncompliance. King v. Atiyeh,

15

814 F.2d 565 (9th Cir. 1987).

16

Dated this 11th day of March, 2025.

17
18
19
20
21
22
23
24
25
26
27
28

-4-

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8

,

9

Plaintiff,

10

vs.

11

,

12

Defendant.

)
)
)
)
)
)
)
)
)
)

No. CIV

-TUC-CKJ

PROPOSED SEPARATE/JOINT
PRETRIAL STATEMENT/ORDER

13
Pursuant to the Scheduling Order entered

14

, 20__, following

15

is the Proposed Final Pretrial Statement/Order to be considered at the pretrial conference.

16

A.

COUNSEL FOR THE PARTIES

17

Plaintiff(s):

18

Defendant(s):

19

B.

STATEMENT OF JURISDICTION

20

Cite the statute(s) that gives the Court jurisdiction, and whether jurisdiction is

21

disputed.

22

(E.g.: Jurisdiction in this case is based on diversity of citizenship under Title 28

23

U.S.C. § 1332. Jurisdiction is (not) disputed.)

24

C.

NATURE OF ACTION

25

Provide a concise statement of the type of case, the cause of the action, and the

26

relief sought.

27

(E.g.: This is a products liability case wherein the plaintiff seeks damages for

28

personal injuries sustained when he fell from the driver's seat of a forklift. The

1

plaintiff contends that the forklift was defectively designed and manufactured by

2

the defendant and that the defects were a producing cause of his injuries and

3

damages.)

4

D.

CONTENTIONS OF THE PARTIES

5

With respect to each count of the complaint, counterclaim or cross-claim, and to

6

any defense, affirmative defense, or the rebuttal of a presumption where the burden

7

of proof has shifted, the party having the burden of proof shall list the elements or

8

standards that must be proved in order for the party to prevail on that claim or

9

defense.

10

(E.g.: In order to prevail on this products liability case, the plaintiff must prove the

11

following elements . . . )

12

(E.g.: In order to defeat this products liability claim based on the statute of repose,

13

the defendant must prove the following elements . . . )

14

E.

STIPULATIONS AND UNCONTESTED FACTS

15

F.

CONTESTED ISSUES OF FACT AND LAW

16

G.

LISTS OF WITNESSES

17

A jointly prepared list of witnesses, identifying each as either plaintiff's or

18

defendant's and indicating whether a fact or expert witness, must accompany this

19

proposed order.

20

A brief statement as to the testimony of each expert witness must be included.

21

H.

LIST OF EXHIBITS

22

Each party must submit with this proposed order a list of numbered exhibits, with a

23

description of each containing sufficient information to identify the exhibit, and

24

indicating whether an objection to its admission is anticipated.

25

Exhibits should be marked according to instructions received from the court.

26

I.

MOTIONS IN LIMINE

27

Motions in limine shall be filed and served upon each party with this proposed

28

order. Any opposition shall be filed and served within fourteen (14) days.
-2-

1

J.

LIST OF ANY PENDING MOTIONS

2

K.

PROBABLE LENGTH OF TRIAL

3

L.

FOR A BENCH TRIAL

4

Proposed findings of fact and conclusions of law shall be served and filed on each

5

party with this proposed order.

6

M.

FOR A JURY TRIAL

7

Stipulated jury instructions shall be filed thirty (30) days before trial. Instructions

8

which are not agreed upon, and a concise argument in support of the instruction,

9

shall be filed and served upon each party thirty (30) days before trial. Objections

10

to the non-agreed upon instructions shall be filed and served upon each party

11

within fourteen (14) days.

12

N.

CERTIFICATION

13

The undersigned counsel for each of the parties in this action do hereby certify and

14

acknowledge the following:

15

1.

All discovery has been completed.

16

2.

The identity of each witness has been disclosed to opposing counsel.

17

3.

Each exhibit listed herein: (a) is in existence; (b) is numbered, and: (c) has

18
19

been disclosed and shown to opposing counsel.
O.

ADOPTION

20

The Court may adopt this proposed Joint Pretrial Order at the Pre-Trial Conference

21

or subsequent hearing.

22

DATED this

day of

, 20___.

APPROVED AS TO FORM AND CONTENT

23
24
25
Attorney for Plaintiff

Attorney for Defendant

26
27
28
-3-