Case Management Order; Case Management Order - Class Certification Case; Case Management Order - ERISA Case; Contact Information; Courtroom Protocol; Criminal Order of Referral; Order Setting Final Pretrial Conference; Order Setting Rule 16 Case Management Conference; Order Setting Rule 16 Case Mana

=== Case Management Order ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, CASE MANAGEMENT ORDER No. CV-XX-XXXXX-PHX-GMS Name, vs. Name, Defendants. On [DATE], a Case Management Conference was held pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. The parties met before the conference in accordance with Rule 26(f) and prepared a Case Management Report. On the basis of the Case Management Conference and the Case Management Report, IT IS HEREBY ORDERED: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a), were exchanged on _________. [if not already exchanged, shall be exchanged no later than _______]. The parties shall file with the Clerk a Notice of Initial Disclosure, rather than copies of the actual disclosures. 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this Order. 3. Discovery Limitations. Depositions in this case shall be limited to seven 1 2 3 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 hours each as provided in Rule 30(d)(2) of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. The limitations set forth in this paragraph may be increased by mutual agreement of the parties, but such an increase will not result in an extension of the discovery deadlines set forth below. 4. Deadline for Completion of Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena shall be _______________________. To ensure compliance with this deadline, the following rules shall apply: a. Initial written discovery requests and initial deposition notices pursuant to Rules 33 and 34 shall be served by DATE.1 In no case shall written discovery requests be served later than 45 days before the discovery deadline. b. Initial deposition notices pursuant to Rule 30 or 31 shall be served by DATE. Deposition notices shall be noticed no later than five working days prior to the discovery deadline. A deposition commenced five days prior to the deadline may continue up until the deadline, as necessary. c. Notwithstanding Local Rule of Civil Procedure 7.3(c), the parties may mutually agree, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed- upon extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. d. Special Provisions Regarding Rule 34 Responses: Objections to Rule 34 document production requests shall be stated with specificity; general or boilerplate 1 The written discovery requests and deposition notices deadline dates are considered to be soft deadlines and there is no need for the parties to seek an extension from the Court if the dates are not met. The Court will nevertheless review compliance with the dates to determine whether the parties have been diligent in pursuing discovery pursuant to Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992) should the parties request an extension of the Case Management Order deadlines. - 2 - 1 2 3 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 objections are not permitted. Document production in response to a Rule 34 request must be completed no later than the time specified in the request or another reasonable time specified in the response. An objection to a Rule 34 request must state whether any responsive materials have been withheld on the basis of that objection. e. Medical examinations pursuant to Fed. R. Civ. P. 35 shall be made not later than ____________________. 5. Deadlines for Disclosure of Experts and Completion of Expert Discovery. a. The Plaintiff(s) shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than ________________________. b. The Defendant(s) shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than _________________________. c. Rebuttal expert disclosures, if any, shall be made no later than _________________________. Rebuttal experts shall be limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than ______________________. As with fact witness depositions, expert depositions shall be scheduled to commence at least five working days before the deadline. e. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the expert will testify but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the expert will say at - 3 - 1 2 3 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 trial.2 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports disclosed under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefore.” Full and complete disclosures of such testimony are required on the dates set forth above; absent truly extraordinary circumstances, parties will not be permitted to supplement their expert reports after these dates. g. Each side shall be limited to one retained or specially employed expert witness per issue. 6. Discovery Disputes or Motions for Sanctions. a. The parties shall not file written discovery motions or motions for sanctions without leave of Court.3 If a discovery dispute arises between the parties, the parties promptly shall contact the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. b. Parties shall not contact the Court concerning a discovery dispute or motion for sanctions without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact 2 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. 3 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered “correspondence” with attachments. - 4 - 1 2 3 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 discovery disputes after the deadline for completion of fact discovery and will not entertain expert discovery disputes after the deadline for completion of expert discovery. 7. Deadline for Filing Dispositive Motions. a. Dispositive motions shall be filed no later than ___________________. Such motions must comply in all respects with the Federal Rules of Civil Procedure and the Local Rules. b. No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained, by joint telephone call, from the Court. c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not exceed ten pages in length, exclusive of exhibits. d. Failure to respond to a motion within the time periods provided in Local Rule of Civil Procedure 7.2 will be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily pursuant to Local Rule of Civil Procedure 7.2(I). e. The parties shall not notice oral argument on any motion. Instead, a party desiring oral argument shall place the words "Oral Argument Requested" immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue a Minute Entry Order scheduling oral argument as it deems appropriate. 8. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13-point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 9. Deadline for Engaging in Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than - 5 - ________________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a Joint Report on Settlement Talks executed by or on behalf of all counsel. The Report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 10. Deadline for Notice of Readiness for Pretrial Conference. The Plaintiff(s) shall notify the Court that the parties are ready for scheduling of a Final Pretrial Conference pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. The Plaintiff(s) shall file and serve this notice within seven (7) days after the dispositive motion deadline if no dispositive motions are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve such notice within seven (7) days after the resolution of dispositive motions. The Court will then issue an Order Setting Final Pretrial Conference that (a) sets deadlines for briefing motions in limine, (b) includes a form for the completion of the parties' joint proposed Final Pretrial Order, and (c) otherwise instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. 11. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order and should plan their litigation activities accordingly. Even if all parties stipulate to an extension, the Court will not extend the deadlines, absent good cause to do so. The pendency of settlement discussions or the desire to schedule mediation does not constitute good cause, unless discovery is substantially complete and the extension requested is minimal. 1 2 3 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 - 6 -

=== Case Management Order - Class Certification Case ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiffs, CASE MANAGEMENT ORDER No. CV-XX-0XXXX-PXX-GMS XXXXX, v. XXXXXX., Defendants. The Court enters the following Case Management Order to govern the class and merits discovery in this case. Following the ruling on the Motion for Class Certification, the Court will set a scheduling conference. A. CLASS DISCOVERY 1. Discovery Confidentiality Order: The parties shall submit a Discovery Confidentiality Order for the Court’s approval no later than ________________. 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is __________________. 3. Motion for Class Certification. The deadline for filing a Motion for Class Certification is ________________. 4. Class Expert Disclosures and Reports. a. The parties shall provide full and complete Class Expert Disclosures and Reports, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, 1 2 3 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 no later than _______________. b. Class Rebuttal Expert Disclosures and Reports, if any, shall be made no later than _______________. Rebuttal experts shall be limited to responding to opinions stated by initial experts. c. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the expert will say at trial.1 d. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. The Court notes, however, that it usually permits parties to present opinions of their experts that were elicited by opposing counsel during depositions of the experts. Counsel should depose experts with this fact in mind. e. Each side shall be limited to one retained or specifically employed expert witness per issue. 1 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. - 2 - 1 2 3 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 5. Class Discovery Limitations. Depositions shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. 6. Class Discovery. The deadline for the completion of fact discovery, including discovery by subpoena, shall be _________________. To ensure compliance with this deadline, the following rules shall apply: a. Written Discovery: All interrogatories, requests for production of document, and requests for admissions shall be served at least 45 days before the discovery deadline. b. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. B. MERITS DISCOVERY 1. Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than 30 days from the Class Certification Decision. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 2. Merits Expert Disclosures and Reports a. The parties shall provide full and complete Merits Expert Disclosures and Reports, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of - 3 - 1 2 3 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 Civil Procedure, no later than 90 days from the Class Certification Decision. b. Merits Rebuttal Expert Disclosures and Reports, if any, shall be made no later than 120 days from the Class Certification Decision. Rebuttal experts shall be limited to responding to opinions stated by initial experts. c. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the expert will say at trial.2 d. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. The Court notes, however, that it usually permits parties to present opinions of their experts that were elicited by opposing counsel during depositions of the experts. Counsel should depose experts with this fact in mind. e. Each side shall be limited to one retained or specifically employed expert witness per issue. 2 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. - 4 - 1 2 3 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 6. Discovery Disputes. a. The parties shall not file written discovery motions without leave of court. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file (1) a brief written summary of the dispute with explanation of the position taken by each party and (2) a written certification that the counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by LRCiv 7.2(j) and have reached an impasse. If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of dispute, the Court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the Court shall also comply with LRCiv 7.2(j). b. If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court, the parties shall jointly telephone the Court to request a telephone conference regarding the dispute. c. Discovery disputes must be promptly resolved or presented to the Court for decision. Discovery disputes must be presented in time to be decided and, if relief is granted, complied with before expiration of the discovery deadline or they will be deemed waived. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery and will not entertain expert discovery disputes after the deadline for completion of expert discovery. Delay in presenting discovery disputes for resolution is not a basis for extending discovery deadlines. 7. Dispositive Motions. a. Dispositive motions shall be filed no later than 180 days from the Class Certification Decision. b. No party shall file more than one motion for summary judgment - 5 - under Rule 56 of the Federal Rules of Civil Procedure without leave of court. c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not exceed ten pages in length, exclusive of exhibits. d. The parties shall not notice oral argument on any motion. Instead, a party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 8. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly unusual circumstances, extend the schedule in this case to accommodate settlement talks. 9. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13-point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 1 2 3 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 - 6 -

=== Case Management Order - ERISA Case ===

1 2 3 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 Rev. 5/1/17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , vs. , Plaintiffs, Defendant. No. CASE MANAGEMENT ORDER (ERISA) This is an ERISA case. The Court enters the following Case Management Order: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a) do not apply in this case. Fed. R. Civ. P. 26(a)(1)(B)(i). 2. Production of Administrative Record. Defendant shall produce the administrative record to Plaintiff by DATE. Plaintiff may identify additional documents to be included in the administrative record by DATE. The parties shall reconcile and file a stipulated administrative record with the Court by DATE. 3. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this Order. 4. Discovery Limitations. Although this is an ERISA case, the Court concludes that limited discovery is warranted. The Court’s rationale, and a discussion of the proper scope of discovery, can be found in Wilcox v. Metro. Life Ins. Co., No. CV-04-0926-PHX- DGC, 2009 WL 57053 (D. Ariz. Jan. 8, 2009). The parties should look to Wilcox for 1 2 3 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 guidance when addressing the proper scope of discovery in this case. Depositions will be limited to ___ hours. Each side may propound up to 20 interrogatories, including subparts, 15 request for production of documents, including subparts, and 20 requests for admissions, including subparts. 5. Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena, shall be DATE. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, will not alter or extend the discovery deadline in this Order. 6. Expert Disclosures and Discovery. Expert witnesses will not be needed in this ERISA case. 7. Discovery Disputes. a. If a discovery dispute arises between the parties, the parties promptly shall contact the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. The parties shall not file written discovery motions or motions for sanctions without leave of Court.1 b. Parties shall not contact the Court concerning a discovery dispute or motion for sanctions without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. 1 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered “correspondence” with attachments. - 2 - 1 2 3 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 8. Merits Briefing. a. This matter will be resolved through merits briefing in lieu of Rule 56 motions. The briefing may address the Administrative Record and any extrinsic evidence Plaintiff considers relevant. Defendant may argue that the extrinsic evidence is not relevant or properly considered. The briefs should address the applicable standard of judicial review and the overall propriety of the underlying claim decision. The parties should follow the page limits for Rule 56 motions, but a LRCiv 56.1 statement of facts is not necessary. b. c. d. e. Plaintiff’s opening brief shall be filed no later than [date]. Defendant’s response brief shall be filed no later than [date]. Plaintiff’s reply brief shall be filed no later than [date]. Hearing on the briefs is hereby set for [date] in Courtroom 602, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. 9. Deadline for Engaging in Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than ________________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a Joint Report on Settlement Talks executed by or on behalf of all counsel. The Report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 10. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. Even if all parties stipulate to an extension, the Court will not extend the deadlines, absent good cause to do so. The pendency of settlement discussions or the desire to schedule mediation does not constitute good cause, unless - 3 - discovery is substantially complete and the extension requested is minimal. 11. Briefing Requirements. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 1 2 3 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 -

=== Contact Information ===

Court Contact Information for the Honorable G. Murray Snow To facilitate communication with the Court, contact information for Judge Snow’s judicial assistant, courtroom deputy and court reporter is set forth below. Judicial Assistant: Vickie Guidas [email protected] (602) 322-7650 Courtroom Deputy: Kathleen Zoratti [email protected] (Email is the most efficient method of communication) Court Reporter: Teri Veres [email protected] (Email is the most efficient method of communication) Chambers mailbox: [email protected] Chambers mailbox is used solely sending proposed orders to the judges.

=== Courtroom Protocol ===

COURTROOM PROTOCOL G. Murray Snow United States District Judge STAND AT PODIUM when addressing Court, jury or witnesses Everyone has a TITLE: Mr., Ms., etc. NO first names. STAND when making objections ASK Court for permission to approach the witness ASK that the Clerk be permitted to HAND an exhibit to a witness ADDRESS all remarks to Court, not opposing counsel TURN OFF beepers, cell phones, Blackberries, etc. SEEK PERMISSION (and help if needed) to use courtroom audio visual equipment NO food of any kind, gum chewing, or liquids (other than water from cups, not bottles). (Ensure that your staff, clients and witnesses abide by these requirements)

=== Criminal Order of Referral ===

, _ _ I FILED _ RECEIVED _ LODGED COpy JUN 21 l012 CLERK U S DISTRICT COURT DJ.XRfA OF A~ONA • «e,. DEPUTY BY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of ~ ) Change of Plea Hearings, AdmitlDeny Hearings on Petitions for Revocation ) of Probation, and AdmitlDeny Hearings on Petitions for Revocation of Supervised Release ) -------------------------) ORDER Pursuant to LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: • • • Change of Plea Hearings AdmitlDeny Hearings on Petitions for Revocation of Probation AdmitlDeny Hearings on Petitions for Revocation of Supervised Release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule II, Fed.R.Crim.P.. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) understands the charge( s) or allegation( s); and { 4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. /1/ I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 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 As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. DATED this 6th day of June, 2012. United States District Judge - 2 ­

=== Order Setting Final Pretrial Conference ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. Plaintiff, ORDER SETTING FINAL PRETRIAL CONFERENCE Defendant. , v. , Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on ______________ at _____ before Chief Judge G. Murray Snow in Courtroom 602, Sandra Day O’Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003-2151. In preparation for this Final Pretrial Conference, IT IS HEREBY ORDERED: 1. The attorneys who will be responsible for the trial of the case shall attend the Final Pretrial Conference. Counsel shall have access to their calendars, including the availability of their witnesses, to assist with discussions for scheduling trial. 2. The parties jointly shall prepare a Proposed Final Pretrial Order and shall lodge it with the Court no later than 4:00 p.m. on _______2______. Preparation and lodging of the Proposed Final Pretrial Order in accordance with the requirements of this Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal 1 2 3 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 Rules of Civil Procedure. The parties shall submit a copy of the Proposed Final Pretrial Order to the Court in Word format by email to [email protected]. 3. The Proposed Final Pretrial Order shall include the information prescribed in the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. Information shall not be set forth in the form of a question but shall be presented in concise narrative statements. 4. The Court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. 5. The parties shall exchange drafts of the Proposed Final Pretrial Order no later than 14 days before the submission deadline. The Plaintiff(s) shall have the burden of initiating communications concerning the Proposed Final Pretrial Order. 6. The parties shall (a) number and mark exhibits in accordance with the instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures (such numbers shall correspond to exhibit numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange marked copies of all exhibits to be used at trial no later than 14 days before the submission deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits while meeting to exchange exhibits. 7. The parties shall file and serve all motions in limine no later than ________2__________.1 Responses to motions in limine shall be filed on or before ________1__________. Each motion in limine shall include proposed language for the order in limine being sought from the Court, and the proposed language shall state with 1 Pursuant to LRCiv 7.2(l) “[n]o opposed motion in limine will be considered or decided unless moving counsel certifies therein that the movant has in good faith conferred or attempted to confer with the opposing party or counsel in an effort to resolve disputed evidentiary issues that are the subject of the motion.” - 2 - 1 2 3 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 precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Each party will be limited to five (5) motions. The motions and responses must be concise and shall not exceed three (3) pages in length. No replies shall be filed. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. 8. If this case will be tried to a jury, the parties shall complete the following tasks by the time of the lodging of the Proposed Final Pretrial Order: (a) The parties shall file with the Clerk of Court a stipulated description of the case to be read to the jury. (b) The parties shall jointly file with the Clerk of Court a proposed set of voir dire questions. The voir dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed questions. If the parties have any disagreement about a particular question, they shall state the reason for their objection below the question. (c) The parties shall file with the Clerk of Court a separate List of Exhibits and List of Witnesses listing only the names/titles of each witness. The parties are reminded to comply with the content to be included in the actual listing of witnesses within the Proposed Final Pretrial Order which is separate from the Lists of Witnesses being filed with the Clerk of Court. (d) The parties shall be prepared to discuss with the Court the availability of VTC (Video Telephonic Conference) accommodations for witness testimony during trial. The parties shall be prepared to discuss with the Court the availability of each witness. Due to limited access, VTC requests may not be available. (e) The parties shall file with the Clerk of Court joint proposed jury instructions in accordance with “Guidelines for Jury Instructions in Civil Cases” found at www.azd.uscourts.gov under Judges Information/Judges’ Orders, Forms & Procedures/ Snow, G Murray. (f) Each party shall file with the Clerk of Court a proposed form of - 3 - verdict, including any proposed special verdict forms or juror interrogatories. (h) The joint statement of the case, proposed voir dire questions, proposed jury instructions, form of verdict and witness list (with only the name/title of each witness) shall be submitted in Word format by email to [email protected]. 9. If the case will be tried to the Court, each party shall lodge proposed findings of fact and conclusions of law with the Proposed Final Pretrial Order. The proposed findings of fact and conclusions of law shall also be submitted in Word format by email to [email protected]. 10. The parties shall be prepared to advise the Court at the Final Pretrial Conference of the status of settlement discussions. Should settlement be reached at any time, the parties promptly shall file a Notice of Settlement with the Clerk of the Court. 11. Counsel shall review Judge Snow’s statement of Trial Conduct and Decorum before the Final Pretrial Conference. A copy can be found on the Court's website at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. 12. Full and complete compliance with this Order shall be required by the Court. Dated this ___ day of _____________, 202__. 1 2 3 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 -

=== Order Setting Rule 16 Case Management Conference ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendants. No. CV-2-0 -P -GMS ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for [date] [time]. To ensure clarity of communication with the Court and accurate transcription by the Court Reporter, the parties shall not use headsets, speaker phones or other apparatus that interferes with a clear transmission. It is each participating lawyer’s/party’s responsibility to have a clear audio connection. Failure to achieve this will require that the Scheduling Conference be reset with the parties appearing in Court in person. The Court will email the call-in information to counsel/parties prior to the conference date. In preparation for this conference, IT IS HEREBY ORDERED as follows: A. Initial Disclosures. The parties shall provide initial disclosures in the form and on the schedule required by Federal Rule of Civil Procedure 26(a)(1). This means that the disclosure statements must be exchanged at least one-week prior to the Rule 16 Case Management Conference. The parties shall file with the Clerk of Court a Notice of Initial Disclosure; copies of the 1 2 3 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 actual disclosures need not be filed. B. Rule 26(f) Meeting and Case Management Report. The parties are directed to meet and confer at least 21 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f)(1). At this meeting the parties shall develop a joint Case Management Report which contains the following information in separately numbered paragraphs: 1. The parties who attended the Rule 26(f) meeting and assisted in developing the Case Management Report and the date of the meeting. 2. A list of the parties in the case, including any parent corporations or entities (for recusal purposes). 3. A short statement of the nature of the case (3 pages or less), including a description of each claim and defense. 4. The jurisdictional basis for the case, describing the basis for the jurisdiction (see the accompanying footnote) and citing specific jurisdictional statutes.1 5. Any parties which have not been served and an explanation of why they have not been served; and any parties which have been served but have not answered or otherwise appeared. 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend or supplement pleadings (the Court will set a deadline of not later than 60 days after the Case Management Conference to join parties and amend or supplement pleadings). 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business and (2) partnerships and limited liability companies are citizens of every state in which one of their members or partners resides. See 28 U.S.C. §1332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003). The parties are further reminded that the Federal Rules of Civil Procedure do not provide for the use of fictitious parties and that the naming of a “John Doe” or “ABC Corporation” party “casts no magical spell on a complaint otherwise lacking in diversity jurisdiction.” Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970) (citations omitted). - 2 - 1 2 3 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 7. A listing of contemplated motions and a statement of the issues to be decided by these motions (including motions under Federal Rules of Evidence 702, 703, 704, and 705) and whether a party wishes to file a case dispositive motion prior to the initiation of discovery. 8. Whether the case is suitable for reference to a United States Magistrate Judge for a settlement conference or trial. 9. The status of related cases pending before other courts or other judges of this Court. 10. A statement of when the parties exchanged Federal Rule of Civil Procedure 26(a) initial disclosures. The Court expects that consistent with the Rules, initial disclosures will have been exchanged at least seven (7) days prior to the Rule 16 Case Management Conference, if not earlier. See, e.g., Rule 26(a)(1(C). A review of the disclosure statements and materials provided therewith may assist in making the Rule 16 conference more productive. If the parties have not exchanged initial disclosures prior to the Rule 16 conference, they should be prepared to explain to the Court why the mutual exchange has not occurred. 11. Further, pursuant to Rule 26(d)(2), the parties may serve requests under Rule 34 any time 21 days after the parties have been served. The parties are encouraged to have exchanged and received initial Rule 34 requests prior to the Rule 16 Case Management Conference. 12. A discussion of any issues relating to disclosure or discovery of electronically stored information, including the form or forms in which it should be produced (see Rules 16(b)(5), 26(f)(3 . 13. A discussion of any issues relating to claims of privilege or work product (see Rules 16(b)(6), 26(f)(4 . 14. A discussion of whether an order under Federal Rule of Evidence 502(d) is warranted in this case. 15. A discussion of necessary discovery. This discussion should take into - 3 - 1 2 3 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 account the December 1, 2015 amendments to Rule 26(b)(1), and should include: a. The extent, nature, and location of discovery anticipated by the parties. b. Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure and Local Rule of Civil Procedure 16.2. c. The number of hours permitted for each deposition, unless extended by agreement of the parties. 16. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. b. A deadline for the completion of fact discovery.2 Dates for full and complete expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(A)-(C). c. d. e. settlement talks. A deadline for completion of all expert depositions. A deadline for filing dispositive motions. A date by which the parties shall have engaged in good faith f. Date by which initial written discovery requests and initial deposition notices pursuant to Rules 33 and 34 shall be served. g. A date by which initial discovery requests pursuant to Rule 30 or 31 shall be noticed. h. A date by which any Rule 35 examination will be noticed if such an examination is required by any issues in the case. In proposing such deadlines, the parties should keep in mind that civil trials should occur within eighteen (18) months of the filing of the complaint. 28 U.S.C. Sec. 473(a)(2)(B) (2006). The Case Management Order will specify trial scheduling up to the 2 The discovery deadline is the date by which all discovery must be completed. Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by this deadline, including time to resolve discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline. - 4 - 1 2 3 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 final pretrial conference. The Court anticipates setting trial shortly after the final pretrial conference. Thus, once the dates have been set in the Case Management Order the Court will not vary them in the absence of good cause, even should the parties stipulate to do so. The Court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. Parties need not file requests for extensions on dates by which the parties will initially serve written discovery requests and notices of depositions, so long as they are within the other discovery deadlines in this case. Nevertheless, should the parties seek an extension of other discovery deadlines, the Court shall consider compliance with these deadlines to determine whether the parties have been diligent in discovery pursuant to Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992). 17. Whether a jury trial has been requested and whether the request for a jury trial is contested (if the request is contested, briefly set forth the reasons). 18. 19. The estimated length of trial and any suggestions for shortening the trial. The prospects for settlement, including any request of the Court for assistance in settlement efforts. 20. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. The parties shall jointly file the Case Management Report with the Clerk not less than seven (7) days before the Case Management Conference. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and preparation of the joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Case Management Report. C. Case Management Conference and Order. The Court directs counsel to Federal Rule of Civil Procedure 16 for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party shall appear and participate in the Case Management Conference - 5 - and shall have authority to enter into stipulations regarding all matters that may be discussed. A continuance of the Case Management Conference will be granted only for good cause and will not be granted beyond the time limit set forth in Federal Rule of Civil Procedure 16(b). During or after the Case Management Conference the Court will enter a Case Management Order. The form of the Court's standard Case Management Order can be found on the Court's website at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. The Court fully intends to enforce the deadlines in the Case Management Order. The parties should plan their litigation activities accordingly. D. Other Matters. Counsel for all parties are expected to comply fully with the Federal and Local Rules of Civil Procedure and to minimize the expense of discovery. Counsel should ensure that all pleadings comply with Local Rules of Civil Procedure 7.1 and 7.2. The Clerk of the Court shall send copies of this Order to all counsel of record and to any parties appearing in propria persona. 1 2 3 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 - 6 -

=== Order Setting Rule 16 Case Management Conference - ERISA Case ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CV- -0 -PHX-GMS Plaintiffs, ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Defendants. , v. , Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for [DATE] [TIME]. To ensure clarity of communication with the Court and accurate transcription by the Court Reporter, the parties shall not use headsets, speaker phones or other apparatus that interferes with a clear transmission. It is each participating lawyer’s/party’s responsibility to have a clear audio connection. Failure to achieve this will require that the Scheduling Conference be reset with the parties appearing in Court in person. The Court will email the call-in information to counsel/parties prior to the conference date. In preparation for this Case Management Conference, it is hereby ordered as follows: A. Rule 26(f) Meeting and Joint Case Management Report The parties are directed to meet and confer at least 10 calendar days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). At this Rule 26(f) Meeting, the parties shall develop a joint Case Management Report which contains the information called for in section B below. 1 2 3 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 B. Joint Case Management Report. The parties’ Joint Case Management Report shall contain the following information in separately numbered paragraphs. 1. The parties who attended the Rule 26(f) Meeting and assisted in developing the Case Management Report; 2. A list of the parties in the case, including any parent corporations or entities (for recusal purposes); 3. 4. A short statement of the nature of the case (3 pages or less); The jurisdictional basis for the case, describing the basis for jurisdiction (see the accompanying footnote) and citing specific jurisdictional statues1; 5. Any parties which have not been served and an explanation of why they have not been served; and any parties which have been served but have not answered or otherwise appeared; 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings (the Court will set a deadline at the Case Management Conference for joining parties and amending pleadings). 7. Whether the case is suitable for reference to a United States Management Judge for a settlement conference or trial; 8. The status of related cases pending before other courts or other judges of this Court; 9. A discussion of any issues relating to preservation, disclosure, or discovery of electronically stored information, including the parties’ preservation of electronically 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business, and (2) partnerships and limited liability companies are citizens of every state in which one of their partners or members resides. See 28 U.S.C. §1332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003). The parties are further reminded that the use of fictitious parties (“John Doe” or “ABC Corporation”) “casts no magical spell on a complaint otherwise lacking in diversity jurisdiction.” Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970) (citations omitted). - 2 - 1 2 3 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 stored information and the form or forms in which it will be produced (see Rules 16(b)(3), 26(f)(3 ; 10. A discussion of any issues relating to claims of privilege or work product (See Rules 16(b)(3), 26(f)(3 ; 11. A discussion of whether an order under Federal Rule of Evidence 502(d) is warranted in this case; 12. A discussion of necessary discovery that should include: a. The extent, nature, and location of discovery anticipated by the parties and why it is proportional to the needs of the case; b. Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure; 13. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. b. c. Deadline for initial disclosures; Deadline for joining parties and amending pleadings. Deadline for Plaintiff to submit to Defendant any documents he contends should be in the Administrative Record that are not included in the record physically delivered to the plaintiff already and deadline for submission of the Administrative Record to the Court. d. Deadlines for filing Plaintiff=s opening brief, Defendant=s response brief, and Plaintiff=s reply brief. Oral argument on the briefs. Deadline for engaging in good faith settlement talks. e. f. 14. The prospects for settlement, including any request of the Court for assistance in settlement efforts; and 15. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. The parties shall jointly file the Case Management Report with the Clerk not less - 3 - than seven calendar days before the Scheduling Conference. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) Meeting and preparation of the joint Plan. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) Meeting and assist in preparation of the Case Management Report. C. Case Management Order The Court directs counsel and any unrepresented parties to Federal Rules of Civil Procedure 16 for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party, and any party that is not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. A continuance of the Case Management Conference will be granted only for good cause. As a result of the Case Management Conference, the Court will enter a Case Management Order. The form of the Court’s standard Case Management Order for ERISA cases can be found on the Court’s website at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. The Court fully intends to enforce the deadlines in the Case Management Order. The parties should plan their litigation activities accordingly. D. Other Matters. The parties are expected to comply fully with the Federal and Local Rules of Civil Procedure and to minimize the expense of discovery. The parties should ensure that all filings comply with Local Rules of Civil Procedure 7.1 and 7.2. In addition, in all filings, citations in support of any assertion in the text shall be included in the text, not in footnotes. The Clerk of the Court shall send copies of this order to all counsel of record and to any unrepresented parties. 1 2 3 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 -

=== Proposed Final Pretrial Order ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Petitioner, Respondents. No. CV-21-01072-PHX-GMS PROPOSED FINAL PRETRIAL ORDER IT IS HEREBY ORDERED that this Final Pretrial Order jointly submitted by the parties, as amended by the Court, is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. A. TRIAL COUNSEL FOR THE PARTIES Plaintiff: Name Address Office Phone Number Fax Number Email Address Defendant: Name Address Office Phone Number Fax Number Email Address 1 2 3 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 B. STATEMENT OF JURISDICTION 1. Cite the statute(s) which gives this Court jurisdiction. (E.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) 2. State whether jurisdiction is or is not disputed. (If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection.) C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 1. 2. The following material facts are admitted by the parties and require no proof: The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact): Plaintiff’s Issues of Fact Issue #1: [type text here] Plaintiff contends: Defendant contends: Issue #2: [type text here] Plaintiff contends: Defendant contends: Defendant’s Issues of Fact Issue #1: [type text here] Plaintiff contends: Defendant contends: - 2 - 1 2 3 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 Plaintiff’s Issues of Law Issue #1: [type text here] Plaintiff contends: Defendant contends: Issue #2: [type text here] Plaintiff contends: Defendant contends: Defendant’s Issues of Law Issue #1: [type text here] Plaintiff contends: Defendant contends: E. LIST OF WITNESSES Each party shall separately list the names of witnesses, their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (a) witnesses who shall be called at trial, (b) witnesses who may be called at trial; and (c) witnesses who are unlikely to be called at trial. Additionally, the parties shall include the following text in this section of the Proposed Final pretrial Order: “Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” Plaintiff’s Witnesses Witnesses who will be called at trial: 1. Name Address Brief description of testimony 2. Name Address - 3 - 1 2 3 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 Brief description of testimony 3. Witnesses who may be called at trial: 1. Name Address Brief description of testimony Witnesses who are unlikely to be called at trial 1. Name Address Brief description of testimony Defendant’s Witnesses Witnesses shall appear in person for trial. The parties have/have not requested VTC (video telephonic conference) for witnesses who are unable to travel and will testify during trial. It is highly recommended that a pretest be scheduled between AV Support and the witness to avoid any delays at trial which will be counted against your time. Please contact Judge Snow’s Courtroom Deputy Kathleen Zoratti at [email protected] to schedule. F. LIST OF EXHIBITS The parties shall contact Judge Snow’s Courtroom Deputy one/two weeks in advance to schedule a time for exhibits to be provided to the Court no later than Noon on DATE 2 weeks before trial. - 4 - 1 2 3 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 G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting (each party should use a different color). The parties shall include the following test in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. MOTIONS IN LIMINE (JURY TRIAL) I. LIST OF PENDING MOTIONS J. PROCEDURES FOR EXPEDITING TRIAL The parties shall discuss and report on all available procedures that might be used to expedite trial, including but not limited to (a) presenting stipulated summaries of - 5 - 1 2 3 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 deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary exhibits in place of voluminous documentary evidence; (d) stipulations on authenticity and foundation; (e) presenting direct expert testimony through summary or written reports; (f) using the courtroom technology to expedite the presentation of evidence. The parties are invited to contact the Courtroom Deputy at [email protected] to arrange a time to visit the courtroom and examine its technology. Information about courtroom technology can also be found at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. K. ESTIMATED LENGTH OF TRIAL ______ hours for opening statements and closing arguments ______ hours for Plaintiff(s) case ______ hours for Defendant(s) case ______ hours for rebuttal L. JURY DEMAND State whether a jury trial has or has not been requested. If a jury trial has been requested, indicate the appropriate selection: 1. 2. The parties stipulate that the request was timely and properly made; The Plaintiff/Defendant contends that the request was untimely made because . . . (explain why request was untimely); or 3. The Plaintiff/Defendant contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because . . . (indicate the legal basis for why a jury trial is improper). M. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS - 6 - 1 2 3 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 N. JOINT PROPOSED JURY INSTRUCTIONS, JOINT PROPOSED VOIR DIRE QUESTIONS, AND PROPOSED FORMS OF VERDICT FOR JURY TRIALS O. CERTIFICATIONS The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. 2. All discovery has been completed. The identity of each witness has been disclosed to opposing counsel. The parties acknowledge their witness list is complete. 3. Each exhibit listed herein: (1) is in existence; (2) is numbered; (3) has been disclosed and shown to opposing counsel. Each party hereby acknowledges that any objections to an exhibit not specifically raised in the joint Proposed Final Pretrial Order is waived. 4. Each party acknowledges that any deposition not listed in the Proposed Final Pretrial Order will not be allowed, absent good cause. 5. The parties have complied in all respects with the mandates of the Court’s Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 6. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 7. The parties acknowledge that once the Proposed Final Pretrial Order was signed and lodged by the parties, no amendments to this Order can be made without leave of Court. - 7 - P. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, the parties shall file a “Notice to Court Reporter” two weeks before trial containing the following information to be used at trial: 1. 2. 3. 4. 5. 6. 7. 8. Proper names, including those of witnesses Acronyms Geographic locations Names of any companies discussed in the case Technical (including medical) terms, names or jargon Case names and citations Pronunciation of unusual or difficult words or names Counsel will advise Judge Snow’s Court Reporter two weeks prior to trial if counsel would like to receive a real-time feed or daily turnaround or any expedited transcript during any of the proceedings. This will ensure the proper paperwork is in place and arrangements made for a real-time test run before the actual proceeding. No real-time feed will be facilitated the day of trial. In addition, the parties shall provide to the Court Reporter a copy of the concordance from key depositions two weeks prior to trial. 1 2 3 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 - 8 -

=== Stipulated Protective Order ===

1 2 3 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA XXXXXX, v. XXXXX., Plaintiff, Defendants. No. CV-XX-0XXXX-PXX-GMS STIPULATED PROTECTIVE ORDER Upon the parties’ Proposed Joint Stipulated Protective Order (Doc. ___) and for the purpose of discovery in this action of documents, information or other materials that may involved production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted and for good cause, IT IS ORDERED granting the parties’ Joint Stipulated Protective Order (Doc. ___) as follows: 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action may involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Joint Stipulated Protective Order (the “Protective Order”). The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use 1 2 3 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 extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Protective Order does not entitle them to file confidential information under seal. The parties will follow the Court’s and the CM/ECF Procedures for filing materials under seal. 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a current employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s competitor. 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that - 2 - 1 2 3 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 could not be avoided by less restrictive means. 2.8 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.11 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel - 3 - 1 2 3 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 that reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. This Order does not govern the use of Protected Material at trial. Any use of Protected Material at trial shall be governed by a separate agreement or the orders of the trial judge and other applicable authorities. 4. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. To the extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Order, even after the proceeding is terminated. 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. To the extent it is practical to do so, the Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify – so that other portions of the material, documents, items, or - 4 - 1 2 3 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 communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are discouraged. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating Party must promptly notify all other parties that it is withdrawing the designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level of protection being asserted. A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed - 5 - 1 2 3 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 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level of protection being asserted. (b) for computer media: Any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information (as defined above) produced on magnetic disks or other computer-related media may be designated as such by labeling each disk or media “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” prior to production. If the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation applies only to a limited set of documents and/or categories of information stored on the computer media, the Producing Party shall explicitly identify those documents and/or categories in a cover letter accompanying the production of the computer media. In the event a Receiving Party generates any “hard copy” or printout of documents designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to the terms of this provision from any such computer media, that party must immediately stamp each page “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as appropriate and the hard copy or printout shall be treated as provided herein for such categories. (c) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify all protected testimony and specify the level of protection being asserted. By right, the Designating Party shall have 21 days from the date of the deposition, hearing or other proceeding to identify the specific portions of - 6 - 1 2 3 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 the testimony as to which protection is sought and to specify the level of protection being asserted. Only those portions of the testimony that are appropriately designated for protection within the 21 days shall be covered by the provisions of this Protective Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” P Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other proceeding to include Protected Material so that the other parties can ensure that only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the designation period has past, transcripts containing Protected Material shall have an obvious legend on the title page that the transcript contains Protected Material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated as Protected Material and the level of protection being asserted by the Designating Party. The Designating Party shall inform the court reporter of these requirements. Any transcript that is prepared before the expiration of a 21-day period for designation shall be treated during that period as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as actually designated. (d) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the level - 7 - 1 2 3 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 of protection being asserted. 5.3 Non-Party Discovery Material. A Party may designate as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Disclosure or Discovery Material produced by a Non-Party by providing written notice to all parties of the relevant document numbers or other identification within fifteen (15) days after receiving such documents or Disclosure or Discovery Materials. During this fifteen (15) day period the Disclosure or Discovery Material produced by a Non-Party shall be treated by the Parties as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 5.4 Inadvertent Failures to Designate. An inadvertent failure by a Producing Party to designate qualified information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” shall be without prejudice to any claim that such item is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” and such Producing Party shall not be held to have waived any rights by such inadvertent failure. In the event that any Disclosure or Discovery Material that warrants a “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation is inadvertently produced without such designation, the Producing Party that inadvertently produced the document shall give written notice of such inadvertent production within twenty (20) days of discovery of the inadvertent production, together with a further copy of the subject Disclosure or Discovery Material designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (the “Inadvertent Production Notice”), to the Receiving Party’s Outside Counsel of Record. Upon receipt of such Inadvertent Production Notice, the Receiving Party that received the inadvertently produced Disclosure or Discovery Material shall promptly replace the inadvertently produced Disclosure or Discovery Material identified in the Inadvertent Production Notice with the replacement and correctly designated document. This provision is not intended to apply to any inadvertent production of any information protected by attorney-client or work product privileges. In the event that this provision conflicts with any other applicable law regarding waiver of - 8 - 1 2 3 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 confidentiality through the inadvertent production of Disclosure or Discovery Material, such other law shall govern. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge is being made pursuant to this specific paragraph 6.2 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its belief that the confidentiality designation was not proper and must give the Designating Party an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely manner. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Challenging Party shall raise a dispute with the Court using the Court’s dispute resolution process within 21 days of the initial notice of challenge or, if the parties agree that the meet and confer process will not resolve their dispute, within 14 days of such agreement, whichever is later. Failure by the Challenging Party to raise - 9 - 1 2 3 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 such a dispute within the applicable time frame shall automatically waive the ability to challenge the confidentiality designation for each challenged designation. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Each confidentiality designation shall remain in effect, and every Party must observe and abide by that designation, unless and until the Designating Party withdraws the designation or the Court rules that the designated material is not entitled to such designation. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. For purposes of this Sections 7.1, 7.2 and 7.3 only, the term “Receiving Party” includes anyone who executes the “Acknowledgment and Agreement to Be Bound” (Exhibit A). A Receiving Party may use and disclose Protected Material that is disclosed or produced by another Party or by a Non-Party only for prosecuting, defending, administering, or attempting to settle this litigation. Neither a Receiving Party nor Outside Counsel of Record of a Receiving Party may use or disclose Protected Material that is disclosed or produced by another Party or by a Non-Party in this case in connection with any other litigation, including, but not limited to, any other litigation that involves one or more of the Parties to this litigation. Protected Material may be disclosed only to the categories of persons and under the conditions described in this Protective Order. When the litigation has been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Protective Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” - 10 - 1 2 3 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 only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation; (b) the officers, directors, and appropriate current or former employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the Court and its personnel; (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses, and attorneys for witnesses, in this action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. More specifically, Outside Counsel may show Protected Material to a witness at a deposition and examine the witness concerning the same. Examining counsel may, in the course of the deposition inquire as to whether the witness agrees to be bound by the terms of this Protective Order. If the witness does not so agree, then neither the witness nor his or her counsel, if any, may retain or be given any copy of the Protected Material including, but not limited to a copy of any pages of the transcript of the deposition that are designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – - 11 - 1 2 3 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 ATTORNEYS’ EYES ONLY.” In the event of such refusal by the witness, the reporter shall be instructed to give the witness written notice when the transcript has been prepared, stating that the witness may inspect the transcript and its exhibits in the reporter’s office, and that if the original deposition transcript is not signed within thirty (30) days after the date of the notice, it will be used as if it had been signed. If the witness does not sign the original deposition transcript within thirty (30) days after the date of the written notice described in this paragraph, the deposition transcript may be used as if it had been signed; (g) the author of a document containing the information or a custodian or other person who otherwise received, possessed, or knew the information prior to its production by the Producing Party; and (h) any mediators or settlement officers, as well as their staff to whom it is reasonably necessary to disclose the information for this action, as mutually agreed upon by all the parties in this action, and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A). 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation; (b) House Counsel of a Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, and (2) who has signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4(a), below, have been followed; - 12 - 1 2 3 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 (d) the Court and its personnel; (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (f) the author of a document containing the information or a custodian or other person who otherwise received, possessed, or knew the information prior to its production by the Producing Party. 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Experts. (a) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a Party that seeks to disclose to an Expert any information or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) first must make a written request to the Designating Party that (1) identifies the specific “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or entity from whom the Expert has received compensation or funding for work in his or her areas of expertise or to whom the expert has provided professional services, including in connection with a litigation, at any time during the preceding five years,1 and (6) to the extent it is practicable for the expert to do so, identifies (by name and number of the case, filing date, and location of court) any litigation in connection with which the Expert has provided any professional services including, but not limited to, offering expert testimony, including through a declaration, report, or testimony 1 If the Expert believes any of this information is subject to a confidentiality obligation to a third-party, then the Expert should provide whatever information the Expert believes can be disclosed without violating any confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to meet and confer with the Designating Party regarding any such engagement. - 13 - 1 2 3 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 at a deposition or trial during the preceding five years. (b) A Party that makes a request and complies with Section 7.4(a) may disclose the subject Protected Material to the identified Expert on the 11th day after the request is made unless, within ten (10) days of delivering the request (unless otherwise agreed to by counsel), the Party receives a written objection from the Designating Party. If the Designating Party approves, the Party making the request may disclose the subject Protected Material to the identified Expert earlier than the 11th day after the request is made. Any such objection from the Designating Party must set forth in detail the grounds on which it is based. (c) A Party that receives a timely written objection must meet and confer with the Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement within 5 days of the written objection (unless otherwise agreed to by counsel). If no agreement is reached, the Party seeking to make the disclosure to the Expert may file a motion seeking permission from the court to do so. Any such motion must describe the circumstances with specificity, set forth in detail the reasons why the disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure would entail, and suggest any additional means that could be used to reduce that risk. In addition, any such motion must be accompanied by a competent declaration describing the parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the reasons advanced by the Designating Party for its refusal to approve the disclosure. In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 8.1 Other Proceedings. By entering this order and limiting the disclosure - 14 - 1 2 3 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 of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. If any person or Party subject to this order is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” prior to disclosure of the designated information or items that person or Party must: (a) notify the Designating Party and all other named Parties in this litigation, in writing (by e-mail if possible) immediately and in no event more than 7 days after receiving the subpoena or court order. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the person or Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court from which the subpoena or order issued, unless the person or Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material – and nothing in this Protective Order should be construed as authorizing or encouraging any person or Party in this action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Protective Order are applicable to information - 15 - 1 2 3 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 produced by a Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by a Non-Party in connection with this litigation is protected by the remedies and relief provided by this Protective Order. Nothing in this Protective Order should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 1. promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 2. promptly provide the Non-Party with a copy of the Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3. make the information requested available for inspection by the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this - 16 - 1 2 3 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 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. INADVERTENTLY PRODUCED PRIVILEGED DOCUMENTS The parties hereto acknowledge that regardless of the Producing Party’s diligence an inadvertent production of attorney-client privileged or attorney work product materials may occur. In accordance with Fed. R. Civ. P. 26(b)(5) and Fed. R. Evid. 502, they therefore agree that if a party through inadvertence produces or provides discovery that it believes is subject to a claim of attorney-client privilege or attorney work product, the Producing Party may give written notice to the Receiving Party that the document or thing is subject to a claim of attorney-client privilege or attorney work product and request that the document or thing be returned to the Producing Party. The Receiving Party shall return to the Producing Party such document or thing. Return of the document or thing shall not constitute an admission or concession, or permit any inference, that the returned document or thing is, in fact, properly subject to a claim of attorney-client privilege or attorney work product, nor shall it foreclose any party from moving the Court pursuant to Fed. R. Civ. P. 26(b)(5) and Fed. R. Evid. 502 for an Order that such document or thing has been improperly designated or should be produced. Any Receiving Party that receives a document or electronically stored information that it reasonably suspects is subject to a claim of attorney-client privilege or attorney work product and knows or reasonably should know that the document was inadvertently produced shall promptly notify the Producing Party. 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court or by agreement of the Parties in the future. - 17 - 1 2 3 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 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with the court’s rules and procedures for doing so. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a Receiving Party’s request to file Protected Material under seal is denied by the court, then the Receiving Party may file the Protected Material in the public record unless otherwise instructed by the court. However, nothing in this Order shall be construed as automatically permitting a party to file under seal. Before any party files any document under seal such party shall seek leave of Court and shall show “compelling reasons” (dispositive motion) or “good cause” (non-dispositive motion) for filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006). Additionally, such party seeking to file under seal shall, within the applicable deadline, file a redacted, unsealed version of any motion, response or reply if such party is waiting for a ruling from the Court on filing an unredacted, sealed version of the same document. 2 Further, no portion of the trial of the matter shall be conducted under seal. 13. FINAL DISPOSITION 2 The Court notes that in the event a party wants to use the other party’s confidential designations to support or oppose a motion, the provisions of this paragraph would shift the burden to that party to make the “compelling reasons” showing, which is inconsistent with the case cited. In the event a party anticipates this scenario arising, the party wishing to use the confidential information shall initiate a discovery dispute conference call consistent with the terms of the Court’s Rule 16 Scheduling Order at least two weeks before the filing in which they wish to reference the documents is due. - 18 - Within 90 days after the final disposition of this action, as defined in paragraph 4, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, within 30 days of receiving a request to be provided with written certification, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain archival copies of all Protected Material and pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION), above. Dated this ______day of __________, 202____. 1 2 3 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 - 19 - EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, ___________________________________ [print or type full name], of ____________________________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the [Proposed] Joint Stipulated Protective Order that was issued by the United States District Court for the District of Arizona in the case of McKesson Medical-Surgical, Inc. v. Apollo Healthcare and Diagnostics, LLC, et al., Case No. 2:22-cv-01467-CDB. I agree to comply with and to be bound by all the terms of this Joint Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Joint Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this [Proposed] Joint Stipulated Protective Order. I further agree to submit to the jurisdiction of the United States District Court for the District of Arizona solely for the purpose of enforcing the terms of this Joint Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. Date: _________________________________________________________________ City and State where sworn and signed: ______________________________________ Printed name: ___________________________________________________________ Signature: ______________________________________________________________ 1 2 3 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 - 20 -

=== Voir Dire Questions - Civil ===

CIVIL VOIR DIRE QUESTIONS 1. Read statement of the case. • • Have any of you read or heard anything about this case from any source whatsoever? Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? 2. Introduce self and staff: _________________________. Do any of you know me or any member of my staff on any basis, social, professional or otherwise? 3. The Plaintiff(s) is/are represented by _________________ of the law firm of _______________________________. Counsel please stand. • • • Do any of you know Plaintiff’s counsel, or any of the employees in his/her office on any basis, social, professional or otherwise? Counsel, please introduce your client and those present at the counsel table. Do any of you know these individuals on any basis, social, professional or otherwise? If a company or corporation: Have any of you ever had a business or employment relationship of any kind with the plaintiff? 1 4. The defendant(s) is/are represented by _______________ of the law firm of ________________________. Counsel please stand. • • • Do any of you know the Defendant’s counsel or any employees of his/her office on any basis, social, professional or otherwise? Counsel, please introduce your client and those present at the counsel table. Do any of you know these individuals on any basis, social, professional, or otherwise? If a company or corporation: Have any of you ever had a business or employment relationship of any kind with the defendant? 5. The witnesses who may be called during this trial are: (See Witness Tab): • Do any of you know or think you might know any of these witnesses? 6. 7. Do any of you have strong feelings either for or against a party who brings a lawsuit? This is a civil case which is to be decided by the preponderance of the evidence [clear and convincing on some issues]. This is different from a criminal case where the government has to prove its case beyond a reasonable doubt. Does anyone have a problem applying a lower burden of proof than used in a criminal case? 8. Have any of you or members of your family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? 9. Do any of you or any of the members of your family have any legal training? 10. I will instruct you on the law at the conclusion of the case. If selected as a juror, you 2 will take an oath to follow the law. Do any of you think you would have trouble following the law if you disagree with it? 11. Ladies and gentlemen, we recognize that jury service is probably an inconvenience for you, taking you away from your jobs and families and disrupting your daily routine. Jury service is, however, one of the most important duties that citizens of this country can perform. For this reason, from time to time we ask citizens to make sacrifices and serve on juries, even when inconvenient. Prospective jurors can be excused from jury service if the length of the trial or the daily schedule would impose undue hardship. By undue hardship I mean more than inconvenience – I mean genuine hardship that would be experienced by you or your family. This case is expected to last ___ days. Would the length of the trial create an undue hardship for any of you? 12. I expect to conduct trial on these dates and times: _______________________________________ _______________________________________ _______________________________________ Would this schedule create an undue hardship for any of you? 13. Do any of you have any other reason whatsoever, such as a physical difficulty, a health problem or home problems that might interfere with your serving as a fair and impartial juror in this case? 3 14. We have handed you a sheet with 10 separate questions. Please stand and answer the questions. The last question asks about your prior jury service. With respect to any juries on which you have served, please indicate the nature of the case and the outcome of the trial. 15. Did any of you know each other before this morning? 16. If there are any matters that you would rather discuss privately that may affect your ability to be a fair and impartial juror, please let the Court know. 4 1. 2. 3. 4. 5. 6. 7. 8. 9. Juror Number The general location of your residence Length of time at current residence Education after high school, if any. State your major Marital status Number of children. Ages of children if under 18 Employment A. Yourself – current job and types of jobs throughout lifetime B. Spouse – current job and types of jobs throughout lifetime Civil, social, fraternal, union or professional organizations. Offices held in them Hobbies or recreational activities 10. Prior jury service – civil or criminal 5

=== Voir Dire Questions - Criminal ===

CRIMINAL VOIR DIRE QUESTIONS 1. Read statement of the case. • • Have any of you read or heard anything about this case from any source whatsoever? Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? 2. Introduce self and staff: ____________________. Do any of you know me or any member of my staff on any basis, social, professional or otherwise? 3. The United States is represented by _________________. Counsel please stand. He is an assistant United States attorney. • • The United States attorney is Dennis Burke. Do any of you know counsel, or the United States attorney, or any of the employees in his office on any basis, social, professional or otherwise? Counsel, please introduce your investigator. Do any of you know the investigator or any employees of his/her office on any basis, social, professional or otherwise? 4. The defendant(s) is/are represented by _______________. Counsel please stand. • Do any of you know the defendant’s attorney or any employees of his/her office on any basis, social, professional or otherwise? 1 • Counsel, please introduce your client. Do any of you know the defendant on any basis, social, professional, or otherwise? (Ask in detail about lawyers from the same office, if appropriate.) 5. The witnesses who may be called during this trial are: (See Witness Tab): • Do any of you know or think you might know any of these witnesses? 6. Have you or any members of your family, including brothers, sisters, parents or children, or close friends, ever been the victims of criminal conduct? (give small example) • • If yes, please explain including what the incident was, what police agency investigated, did you have to make a statement, and was the responsible party apprehended? Do you think this experience would prevent you from being fair and impartial in this case? 7. Have you or any members of your family ever been convicted of a felony? • • If so, which family member, what offense, and what was the disposition? Do you think this experience would prevent you from being fair and impartial in this case? 8. Have you or any members of your family or close friends ever served in the capacity of law enforcement officer: • Please note that in the definition of law enforcement officer, I am including not only police officers, but also employees of law enforcement agencies, 2 military police, ICE, border patrol, DEA, ATF, etc. • Do you think this relationship would prevent you from being fair and impartial in this case? 9. There will be witnesses called during this trial who are members of law enforcement and who may have been in that profession for a number of years. • Would you give greater or lesser weight to their testimony solely because of their employment and experience in law enforcement? 10. Have any of you or members of your family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? • Do you think this experience would prevent you from being fair and impartial in this case? 11. Do any of you or any of the members of your family have any legal training? • Do you think this training would affect your ability to be fair and impartial in this case? 12. I will instruct you what the law is at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Does anyone think you would have trouble following the law even if you may disagree with it? 13. In a civil case the burden of proof is a preponderance of the evidence. This is a criminal case in which the government must prove guilt beyond a reasonable doubt. Does anyone have any difficulty in holding the government to its burden? 3 14. Here are some fundamental principles of law: • • • • • • The fact that an indictment has been filed raises no presumption whatsoever of the guilt of the defendant. The United States government must satisfy you beyond a reasonable doubt of the guilt of the defendant. The defendant does not have any obligation to testify or to produce any evidence and you may not draw an adverse inference if the defendant chooses not to testify. The defendant is presumed to be innocent until his guilt is established beyond a reasonable doubt. You must wait until all of the evidence has been presented before making up your minds as to the innocence or guilt of the defendant. Does anyone believe that they would have any difficulty following these principles of law? 15. Ladies and gentlemen, we recognize that jury service is probably an inconvenience for you, taking you away from your jobs and families and disrupting your daily routine. Jury service is, however, one of the most important duties that citizens of this country can perform. For this reason, from time to time we ask citizens to make sacrifices and serve on juries, even when inconvenient. Prospective jurors can be excused from jury service if the length of the trial or the daily schedule would impose undue hardship. By undue 4 hardship I mean more than inconvenience – I mean genuine hardship that would be experienced by you or your family. This case is expected to last ___ days. Would the length of the trial create an undue hardship for any of you? 16. I expect to conduct trial on these dates and times: _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ _______________________________________ • Would this schedule create an undue hardship for any of you? 17. Do any of you have any other reason whatsoever, such as a physical difficulty, a health problem or home problems that might interfere with your serving as a fair and impartial juror in this case? 18. Some of the participants in this trial are ethnic minorities. Has anyone had any contact or experience with ethnic minorities which would make it difficult to render a fair and impartial verdict in this matter? 19. Ladies and Gentlemen, we have handed you a sheet with 10 separate questions. Please stand and answer the questions. The last question asks about your prior jury service. With respect to civil cases, just tell us the number of civil juries on which you 5 have served. With respect to criminal cases, please indicate the nature of the crime involved and the result of the case, guilty, not guilty, or hung jury, for each of the criminal juries you have served on. 20. Did any of you know each other before this morning? 21. If there are any matters that you would rather discuss privately that may affect your ability to be a fair and impartial juror, please let the Court know. 6 1. 2. 3. 4. 5. 6. 7. Juror number The general location of your residence Length of time at current residence Education after high school, if any. State your major Marital status Number of children. Ages of children if under 18 Employment A. Yourself – current job and types of jobs throughout lifetime B. Spouse – current job and types of jobs throughout lifetime 8. Civil, social, fraternal, union or professional organizations. Offices held in them 9. Hobbies or recreational activities 10. Prior jury service – civil or criminal 7