Case Management Order; Case Management Order - ERISA Case; Case Management Order - Patent Infringement Case; Courtroom Protocol; Criminal Order of Referral; Exhibit Procedures; Guidelines for Jury Instructions in Civil Cases; Internet Research on Jurors; Proposed Final Pretrial Order; Proposed Final

=== 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 Click here to enter text., No. Click here to enter text. Plaintiff, SCHEDULING ORDER v. Click here to enter text., Defendant. On Click here to enter a date., a Scheduling 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 Discovery Plan. On the basis of the Scheduling Conference and the Discovery Plan, IT IS HEREBY ORDERED: 1. Initial Disclosure. The Parties have exchanged Initial Disclosure Statements pursuant to Rule 26. 2. Deadline for Joining Parties, and Amending Pleadings. The deadline for joining parties and amending pleadings shall be filed by ____________. 3. Discovery Limitations. Depositions in this case shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. The number of depositions and interrogatories shall be as limited in Rules 30(a), 31(a), and 33(a)(1) of the Federal Rules of Civil Procedure. Each side also may propound up to 40 requests for production of documents, including subparts, and up to 40 requests 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 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 all disclosure required under Rule 26(a)(3), shall be ___________. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to commence at least 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. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the discovery deadline. c. Notwithstanding LRCiv 7.3, 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. d. Special Provisions Regarding Rule 34 Responses: Objections to Rule 34 document production requests shall be stated with specificity; general or boilerplate 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. 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 _____________. - 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 b. The Defendant(s) shall provide full and complete expert disclosures as required by Rule26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than _____________. c. Plaintiff’s 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. No expert witness not timely disclosed will be permitted to testify unless the party offering such witness demonstrates: (a) that the necessity of such expert witness could not have been reasonably anticipated at the time of the deadline for disclosing such expert witness; (b) the opposing counsel or unrepresented party were promptly notified upon discovery of such expert witness; and (c) that such expert witness was promptly proffered for deposition. See Wong v. Regents of the Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). 6. Discovery Disputes. a. When the parties have a dispute that could properly be addressed pursuant to Rule 26(c) or 37(a), they shall not file written motions. If a discovery dispute arises and cannot be resolved despite sincere efforts through personal consultation, the parties shall call the Court’s Judicial Assistant, Michele Morgan, at (602) 322-7530, to set a telephonic conference and file a good faith consultation certificate complying with Rule 37(a)(1). If the parties believe it would assist the Court, the parties may file a joint statement of the dispute, not to exceed 3 pages, one and one-half page per side. The joint statement may be single-spaced. The purposes of the joint statement are to provide the Court with information about the dispute which may be difficult to succinctly describe to the Court over the phone, and to make a record of the discovery sought. If a party - 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 contends that the discovery of ESI should be disallowed or limited due to undue burden or expense, it must file an affidavit of an expert describing the burden and estimating the expense that would be incurred. A discovery motion may be filed only after the parties have discussed the discovery dispute with the Court and the Court has authorized the filing of a discovery dispute motion. 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. 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. Deadline for Filing Dispositive Motions. a. Dispositive motions and motions challenging expert opinion testimony 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 or parties represented by the same counsel shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure unless by leave of the Court. c. Local Rule of Civil Procedure 56.1 is suspended, except for subsection (d). The Court will decide summary judgment motions under Federal Rule of Civil Procedure 56 only. In other words, the parties may not file separate statements of facts or separate controverting statements of facts, and instead must include all facts in the motion, response, or reply itself. All evidence to support a motion or response that is not already part of the record must be attached to the motion or response itself. Consistent with Local Rule 56.1(f), the evidence may - 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 include only relevant excerpts rather than full documents. No evidence may be submitted with a reply. Because no separate controverting statement of facts will be permitted, the responding party in its response must carefully address all material facts raised in the motion; and the same for the reply. Any fact that is ignored may be deemed uncontested. Procedurally, immediately following the motion should be a numerical table of contents for the exhibits. The table of contents shall include only a title for each exhibit, not a description. Following the table of contents should be each exhibit (unless the document already is part of the record), numbered individually. Immediately following the response to the motion should be an alphabetical table of contents (again, the table of contents shall include only a title for each exhibit, not a description). Following the table of contents should be each exhibit (unless the document already is part of the record), labeled alphabetically. By way of example, citations to exhibits attached to the motion would be “(Ex. 1 at 7)” and citations to exhibits attached to the response would be “(Ex. D at 3).” Citations to documents already part of the record shall reference the docket number where the document can be found and include a pin cite to the relevant page (for example, “(Doc. 15 at 4)”). For purposes of this procedure, the page limitations in LR 7.2(e) shall be inclusive of the incorporated facts, but exclusive of any evidentiary attachments. d. A party desiring oral argument shall place the words "Oral Argument Requested" immediately below the title of the motion pursuant to LRCiv 7.2(f). The court will issue a minute entry order scheduling oral argument as it deems appropriate. 8. Status conference. The parties shall appear telephonically on _______________________ for a status conference. Counsel for plaintiff is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via landline only. The use of cellular phones will not be - 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 permitted. 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 promptly notify the Court at any time when settlement is reached during the course of this litigation. The Court will set a settlement conference before a magistrate judge upon request of all parties. The parties are encouraged to discuss settlement at all times during the pendency of the litigation. The Court will not, however, extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. The parties should plan their settlement efforts accordingly. 10. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this order, and they should plan their litigation activities accordingly. The Court will not extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. 11. 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. 12. Dismissal for Failure to Meet Deadlines of This Order or of the Rules. - 6 - The parties are warned that failure to meet any of the deadlines in this order or in the Federal Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 13. Requirement for Paper Courtesy Copies. Pursuant to Section II.D.3 of the Electronic Case Filing Administrative Policies and Procedures Manual, a paper courtesy copy of dispositive motions and responses and replies thereto and any document exceeding 10 pages in length shall be either post-marked and mailed directly to the judge or hand-delivered to the judge's mail box located in the courthouse the next business day after the electronic filing. A copy of the face page of the Notice of Electronic Filing shall be appended to the last page of the courtesy copy. Courtesy copies of documents too large for stapling must be bound with a metal prong fastener at the top center of the document or submitted in three-ring binders. If courtesy copies are not delivered within three days of the file date, the court may strike the pleading summarily for failure to follow court rules and this 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 - 7 -

=== 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Click here to enter text., Plaintiff, v. Click here to enter text., Defendant. No. Click here to enter text. SCHEDULING ORDER (ERISA case) On Click here to enter a date., a Scheduling 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 Discovery Plan. On the basis of the Scheduling Conference and the Discovery Plan, IT IS HEREBY ORDERED: 1. 2. Deadline for Initial Disclosures shall be ____________. Deadline for Joining Parties, and Amending Pleadings. Motions to join parties or for leave to amend pleadings shall be filed by ____________. 3. Administrative Record. Defendant shall produce the Administrative Record to the plaintiff on or before . Plaintiff shall submit to the defendant any documents he contends should be in the record that are not included in the record physically delivered to the plaintiff already, by no later than ____________. The Administrative Record is to be submitted by no later than ____________. 4. Deadline for Briefs. Plaintiff’s opening brief is to be filed by no later than _____________. Defendant’s response brief is to be filed by no later than ____________. Plaintiff’s reply brief is to be filed by no later than _____________. 5. 6. Oral Argument. Hearing on the briefs is hereby set for ____________. 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 promptly notify the Court at any time when settlement is reached during the course of this litigation. The Court will set a settlement conference before a magistrate judge upon request of all parties. The parties are encouraged to discuss settlement at all times during the pendency of the litigation. The Court will not, however, extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. The parties should plan their settlement efforts accordingly. 7. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this order, and they should plan their litigation activities accordingly. The Court will not extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. 8. Dismissal for Failure to Meet Deadlines of This Order or of the Rules. The parties are warned that failure to meet any of the deadlines in this order or in 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 ‐ 2 ‐ Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 9. Requirement for Paper Courtesy Copies. Pursuant to Section II.D.3 of the Electronic Case Filing Administrative Policies and Procedures Manual, a paper courtesy copy of dispositive motions and responses and replies thereto and any document exceeding 10 pages in length shall be either post-marked and mailed directly to the judge or handdelivered to the judge's mail box located in the courthouse the next business day after the electronic filing. A copy of the face page of the Notice of Electronic Filing shall be appended to the last page of the courtesy copy. Courtesy copies of documents too large for stapling must be bound with a metal prong fastener at the top center of the document or submitted in three-ring binders. If courtesy copies are not delivered within three days of the file date, the court may strike the pleading summarily for failure to follow court rules and this 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 ‐ 3 ‐

=== Case Management Order - Patent Infringement 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 Click here to enter text., No. Click here to enter text. Plaintiff, v. Click here to enter text., Defendant. SCHEDULING ORDER PATENT INFRINGEMENT MARKMAN HEARING On April 12, 2017, the Court held a Scheduling Conference pursuant to Federal Rule of Civil Procedure 16(b). The parties met before the conference in accordance with Rule 26(f) and prepared a Discovery Plan. On the basis of the Scheduling Conference and the Discovery Plan, IT IS ORDERED: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a) have already been exchanged by the parties. 2. Deadline for Joining Parties, and Amending Pleadings. The deadline for joining parties and amending pleadings is Click here to enter a date.. 3. Deadline for Disclosure of Asserted Claims and Infringement Contentions. The deadline for Plaintiff to serve its initial claims and infringement contentions is __________, 10 days after this Scheduling Conference. 4. Deadline for Invalidity Contentions. The deadline for Defendant to serve its 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 initial non-infringement and invalidity contentions is _____________, 45 days after Plaintiff’s disclosure of asserted claims. 5. Deadline for Identification of Claims to be Construed. The deadline for identification of claims to be construed is _____________, 10 days after Defendant serves its non-infringement and invalidity contentions. 6. Deadline for Claim Constructions. The deadline for filing claim constructions is ____________, 20 days after the filing of the claims to be construed. 7. Deadline for Joint Claim-Construction Statement. The deadline for filing the joint claim-construction statement is _____________, 60 days after the filing of the invalidity contentions. 8. Deadline for Claim-Construction Discovery. Claim-construction discovery shall close on ______________, 30 days after the deadline for the filing of the joint claim-construction statement. 9. Deadline for Filing Opening Claim-Construction Brief. The deadline for filing the opening claim-construction brief is ________________, 45 days after the deadline for filing the joint claim-construction statement. 10. Deadline for Filing Responsive Claim-Construction Brief. The deadline for filing the responsive claim-construction brief is ______________, 14 days after the deadline for filing the opening claim-construction brief. 11. Deadline for Filing the Reply Claim-Construction Brief. The deadline for filing the reply claim construction brief is ___________, 7 days after the deadline for filing the responsive claim-construction brief. 12. Markman Hearing. The Markman hearing shall take place within 14 days of the deadline for filing the reply claim-construction brief. IT IS FURTHER ORDERED that a Markman Hearing is scheduled for ________________, at _______ a.m./p.m. Copies of any exhibits the parties intend to present at the hearing must be hand-delivered to chambers on or before ______________. - 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 To assist the court reporter, the parties shall prepare and bring to the hearing a Table of Authorities, in alphabetical order, which includes all of the authorities on which the parties will rely at the hearing. 13. Discovery Limitations. Depositions in this case shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. The number of depositions and interrogatories shall be as limited in Rules 30(a), 31(a), and 33(a)(1) of the Federal Rules of Civil Procedure. Each side also may propound up to 40 requests for production of documents, including subparts, and up to 40 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. 14. Deadline for Completion of Fact Discovery. The deadline for completing fact discovery, including all disclosure required under Rule 26(a)(3), shall be ___________. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to commence at least 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. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the discovery deadline. c. Notwithstanding LRCiv 7.3, 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. d. Special Provisions Regarding Rule 34 Responses: Objections to Rule 34 document production requests shall be stated with specificity; general or - 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 boilerplate 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. 15. 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 Rule26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than ______________. c. Plaintiff’s 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. No expert witness not timely disclosed will be permitted to testify unless the party offering such witness demonstrates: (a) that the necessity of such expert witness could not have been reasonably anticipated at the time of the deadline for disclosing such expert witness; (b) the opposing counsel or unrepresented party were promptly notified upon discovery of such expert witness; and (c) that such expert witness was promptly proffered for deposition. See Wong v. Regents of the Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). 16. Interim Scheduling Conference. After completion of expert depositions, the parties shall appear telephonically for an interim scheduling conference on _____________________. Counsel for **Plaintiff/Defendant** shall make the necessary - 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 arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. 17. Discovery Disputes. a. When the parties have a dispute that could properly be addressed pursuant to Rule 26(c) or 37(a), they shall not file written motions. If a discovery dispute arises and cannot be resolved despite sincere efforts through personal consultation, the parties shall call the Court’s Judicial Assistant, Michele Morgan, at (602) 322-7530, to set a telephonic conference and file a good faith consultation certificate complying with Rule 37(a)(1). If the parties believe it would assist the Court, the parties may file a joint statement of the dispute, not to exceed 3 pages, one and one-half page per side. The joint statement may be single-spaced. The purposes of the joint statement are to provide the Court with information about the dispute which may be difficult to succinctly describe to the Court over the phone, and to make a record of the discovery sought. If a party contends that the discovery of ESI should be disallowed or limited due to undue burden or expense, it must file an affidavit of an expert describing the burden and estimating the expense that would be incurred. A discovery motion may be filed only after the parties have discussed the discovery dispute with the Court and the Court has authorized the filing of a discovery dispute motion. 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. 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. 18. Deadline for Filing Dispositive Motions. - 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 a. Dispositive motions and motions challenging expert opinion testimony 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 or parties represented by the same counsel shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure unless by leave of the Court. c. Local Rule of Civil Procedure 56.1 is suspended, except for subsection (d). The Court will decide summary judgment motions under Federal Rule of Civil Procedure 56 only. In other words, the parties may not file separate statements of facts or separate controverting statements of facts, and instead must include all facts in the motion, response, or reply itself. All evidence to support a motion or response that is not already part of the record must be attached to the motion or response itself. Consistent with Local Rule 56.1(f), the evidence may include only relevant excerpts rather than full documents. No evidence may be submitted with a reply. Because no separate controverting statement of facts will be permitted, the responding party in its response must carefully address all material facts raised in the motion; and the same for the reply. Any fact that is ignored may be deemed uncontested. Procedurally, immediately following the motion should be a numerical table of contents for the exhibits. The table of contents shall include only a title for each exhibit, not a description. Following the table of contents should be each exhibit (unless the document already is part of the record), numbered individually. Immediately following the response to the motion should be an alphabetical table of contents (again, the table of contents shall include only a title for each exhibit, not a description). Following the table of contents should be each exhibit (unless the document already is part of the record), labeled alphabetically. By way of example, citations to exhibits attached to the motion would be “(Ex. 1 at 7)” and citations to exhibits attached to the response would be “(Ex. D at 3).” - 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 Citations to documents already part of the record shall reference the docket number where the document can be found and include a pin cite to the relevant page (for example, “(Doc. 15 at 4)”). For purposes of this procedure, the page limitations in LR 7.2(e) shall be inclusive of the incorporated facts, but exclusive of any evidentiary attachments. d. Failure to respond to a motion within the time periods provided in LRCiv 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 LRCiv 7.2(i). e. A party desiring oral argument shall place the words "Oral Argument Requested" immediately below the title of the motion pursuant to LRCiv 7.2(f). The court will issue a minute entry order scheduling oral argument as it deems appropriate. 19. 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 promptly notify the Court at any time when settlement is reached during the course of this litigation. The Court will set a settlement conference before a magistrate judge upon request of all parties. The parties are encouraged to discuss settlement at all times during the pendency of the litigation. The Court will not, however, extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. The parties should plan their settlement efforts accordingly. - 7 - 20. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this order, and they should plan their litigation activities accordingly. The Court will not extend the case processing deadlines because the parties wish to avoid litigation expense if and when they elect to pursue settlement efforts, including a settlement conference before a magistrate judge. 21. 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. 22. Dismissal for Failure to Meet Deadlines of This Order or of the Rules. The parties are warned that failure to meet any of the deadlines in this order or in the Federal Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 23. Requirement for Paper Courtesy Copies. Pursuant to Section II.D.3 of the Electronic Case Filing Administrative Policies and Procedures Manual, a paper courtesy copy of dispositive motions and responses and replies thereto and any document exceeding 10 pages in length shall be either post-marked and mailed directly to the judge or hand-delivered to the judge's mail box located in the courthouse the next business day after the electronic filing. A copy of the face page of the Notice of Electronic Filing shall be appended to the last page of the courtesy copy. Courtesy copies of documents too large for stapling must be bound with a metal prong fastener at the top center of the document or submitted in three-ring binders. If courtesy copies are not delivered within three days of the file date, the court may strike the pleading summarily for failure to follow court rules and this 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 - 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 - 9 -

=== Courtroom Protocol ===

COURTROOM PROTOCOL Douglas L. Rayes United States District Judge STAND AT PODIUM when addressing court, jury or witnesses 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). (Ensure that your staff, clients and witnesses abide by these requirements)

=== Criminal Order of Referral ===

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 In the Matter of Change of Plea and Admission Hearings, ) Admit/Deny Hearings on Petitions for ) Revocation of Probation, and Admit/Deny ) Hearings on Petitions for Revocation of ) Supervised Release. ) ORDER Pursuant to 28 U.S.C. § 636(b)(3), 18 U.S.C. § 3401(i), and LRCrim 57.6(d)(4), I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Admissions to violations of Supervised Release or Probation Evidentiary revocation hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11, 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); (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. 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 9th day of July, 2014. 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 - 2 -

=== Exhibit Procedures ===

EXHIBITS - MARKING, LISTING AND CUSTODY for United States District Court DISTRICT JUDGE DOUGLAS L. RAYES USE OF LABELS/COVER SHEET 1. Exhibit labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). 2. Place the exhibit label in the lower right hand corner of a blank sheet of paper (see attachment #1) and run as many copies as needed in the appropriate color. Staple one to the top of each exhibit. 3. If the exhibit is a photo or item smaller than 8"x10", STAPLE it to plain paper or the cover sheet label form. Photos that are 8"x10" should have the exhibit tag sticker (sticker type labels can be obtained from the Courtroom Deputy) on the reverse side, UPPER right hand corner. These sticker labels can be also used for large demonstrative items that will be possibly admitted as evidence. 4. Large or bulky items may require the use of tie tags with the exhibit label placed on tag or may be marked in a logical location on the item or on the plastic bag containing the item. 5. Large charts should be identified in the lower right hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit. NUMBERING 1. Blocks of numbers are assigned to each side; plaintiff is normally given number 1 through the estimated number of exhibits. Defendant is given numbers starting after plaintiff but allowing space for additional exhibits marked during trial (example: Plaintiff 1-80 and Defendant 100-??? ). 2. Plaintiff and defendant should consult as to marking exhibits to AVOID HAVING DUPLICATES. If plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits, not plaintiff or defendant. Either side may move the other's exhibits into evidence. 3. Use NUMBERS ONLY except when identifying sub-parts; i.e. 3a, 3b, 3c. If the sub-parts will be more than a - z, commence with another number; i.e. 4a, 4b, 4c. Categorizing exhibits should be kept as simple and clear as possible. For the most part, USE NUMBERS. 4. Multiple page exhibits should have each page marked for easy reference and should be stapled or ACCO fastened, please do not use paper or binder clips. In bulky documents, BATES stamp numbers may be placed on each page and can be continuous numbering. 5. Blocks of numbers may be used to categorize exhibits; i.e. series 1-99 are Bank Records; series 100-199 are Tax Returns; series 200-299 are photographs; series 300-399 are Miscellaneous. The exhibit list will break down the categories and should be tabbed accordingly. USE OF FOLDERS 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. 2. If there are many folders, place them in a box in numerical order. Mark the outside of the box as to what exhibits are contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. 3. The box of exhibits shall be given to the courtroom deputy at least TWO FULL COURT DAYS prior to trial/hearing or any such time as the court requires. 4. DO NOT PLACE TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right hand corner. JUDGE=S SET The judge's copies of exhibits may be placed in binders and tabbed. The judge's copies should not have original exhibit stickers on them. EXHIBIT LISTS 1. Exhibits may be listed on the exhibit list provided (see attachment #2) or reproduced on a word processor, as long as it follows the same format. The form is self-explanatory. Be sure to leave enough SPACE at the end of the list to add additional exhibits. Each page should be completed to the end with blank blocks. Extra blank pages would be appreciated for both the exhibit and witness list. The exhibit number and description should be started at the top of each block. 2. Provide the courtroom deputy with the original and two copies of the exhibit list with the exhibits. WITNESS LISTS 1. Witnesses may be listed on the witness list provided (see attachment #3) or reproduced on a word processor, as long as it follows the same format. Witnesses should be listed in alphabetical order. Names should be at the top of the block; extra spaces should be left between names; this is helpful when names have to be added that are not on the list. 2. Provide the courtroom deputy with the original and two copies of the witness list. 2 SENSITIVE EXHIBITS 1. Pursuant to General Order 98-07 dated July 30, 1987, "the arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout, and after the trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the court." 2. The courtroom deputy will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the government (usually the agent) until Court resumes. IMPEACHMENT EXHIBITS 1. Impeachment exhibits are given to the courtroom deputy At least one full court business day prior to the trial/hearing, not the day a witness testifies, in a SEALED envelope. The envelope should be marked with the caption of the case and plaintiff/defendant impeachment exhibits. If there is more than one exhibit in the envelope, mark each one with a SEPARATE NUMBER so you (and the clerk) will be able to identify it. Identify these exhibits with a numbering system of your own for easy retrieval and the courtroom deputy will assign the next available number when the exhibit is used. STIPULATED EXHIBITS 1. In civil trials, parties may agree on most of the exhibits prior to trial/hearing and as listed in the Pretrial Order. Counsel may give the courtroom deputy a list of the stipulated exhibits to be marked in evidence before moving for their admission. 2. In criminal trials, stipulated exhibits usually are admitted one at a time during the course of trial. DEPOSITIONS 1. Depositions DO NOT have to be marked as an exhibit. Identify them as plaintiff/defendant (so they will be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom deputy the morning of trial/hearing. MEDICAL OR TECHNICAL TERMS Provide a list of medical or technical terms for the court reporter prior to the trial commencing. ADDITIONAL EXHIBITS INTRODUCED AT TRIAL/HEARING Each time exhibits are added you MUST provide the clerk with two sets along with corresponding cover sheets and tabs/folders. You must also provide the clerk with two copies of an updated exhibit list (one for the court record and the other for the judge=s set). 3 ADMITTED EXHIBITS Towards the last day of the trial/hearing the clerk will provide counsel with a copy of the exhibit lists showing which exhibits have been admitted into evidence and which ones have not. It will be counsel=s responsibility to have any exhibits not already in evidence admitted before the end of the trial/hearing. RETURN OF EXHIBITS 1. Pursuant to Local Rule 79.1(a), all exhibits are returned to respective parties for them to keep custody pending all appeals; or if the exhibits are not picked up within 30 days of the Notice of Return of Exhibits, Local Rule 79.1(c), the clerk may destroy or otherwise dispose of those exhibits. 2. Usually trial exhibits are handed back immediately to respective counsel, and counsel will sign for them, when the verdict or court ruling issues; a separate order will follow. If you have any questions, or need more exhibit labels, please do not hesitate to call me. Thank you: Michele Morgan Courtroom Deputy to District Judge Douglas L. Rayes (602) 322-7227 4 ATTACHMENT #1 5 CASENO. __________ YS. __ __ __ _____ PLAIN11fPS EXHIBIT_______ DATE DATE 'DEN. EVID. By ___________________ AO 386 Deputy Clerk CASE NO.__________ VS. _____________________ DEFENDANT'S EXHIBIT _ - - - - ­ DATE _________--'.DEN. DATE AO 386A EVID. BY____~~~--__-_ Deputy Clerk ATTACHMENT #2 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CIVIL EXHIBIT LIST Preliminary Injunction TRO Bench Trial Jury Trial Case Number Judge Code 7037 Date vs. Plaintiff/Petitioner Defendant/Respondent EXHIBIT NUMBER MARKED FOR IDENTIFICATION ADMITTED IN EVIDENCE DESCRIPTION UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CRIMINAL EXHIBIT LIST Detention Hearing Bench Trial Jury Trial Case Number Judge Code 7037 Date United States of America vs. Government Defendant EXHIBIT NUMBER MARKED FOR IDENTIFICATION ADMITTED IN EVIDENCE DESCRIPTION ATTACHMENT #3 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CIVIL WITNESS LIST Preliminary Injunction TRO Bench Trial Jury Trial Case Number Judge Code 7037 Date vs. Plaintiff/Petitioner Defendant/Respondent NAME SWORN APPEARED UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CRIMINAL WITNESS LIST Motion to Suppress Bench Trial Jury Trial Case Number Judge Code 7037 Date United States of America vs. Government Defendant/Respondent NAME SWORN APPEARED

=== Guidelines for Jury Instructions in Civil Cases ===

GUIDELINES FOR JURY INSTRUCTIONS IN CIVIL CASES Judge Douglas L. Rayes The parties shall submit a joint list of proposed jury instructions. The list shall contain four sections. I. Section I shall contain Ninth Circuit Model Civil Jury Instructions Used by All Arizona Judges as found at www.azd.uscourts.gov under Judicial Officer Information. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (stipulated-to). If the instruction is requested by only one party, the instruction shall be preceded by either “PL” (Plaintiff) or“DF” (Defendant).1 For example: ST § 3.1 Duties of Jury to Find Facts and Follow Law ST § 3.2 What is Evidence DF § 3.3 What is Not Evidence DF § 3.4 Jury to be Guided by Official English Interpretation ST § 3.5 Direct and Circumstantial Evidence PL § 3.6 Credibility of Witnesses DF § 3.7 Opinion Evidence Expert Witnesses ST § 3.8 Causation ST § 3.9 Charts and Summaries Not Received in Evidence ST § 3.10 Charts and Summaries in Evidence DF § 3.11 Two or More Parties - Different Legal Rights DF § 3.12 Impeachment Evidence – Witness The parties shall include the full text of all model instructions both on the disk and in the joint pleading. II. Section II shall contain any non-model instructions to which the parties have stipulated. III. Section III shall contain any non-model instructions requested by Plaintiff (numbered consecutively). Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and Plaintiff’s authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant’s objection. 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 1 If multiple Defendants, identify which Defendant. IV. Section IV shall contain any non-model instructions requested by Defendant (numbered consecutively). Defendant shall include citation to authority to support the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant’s authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff’s objection. Each proposed instruction shall begin on a new page. The parties should note that absent a showing of good cause, the failure to submit a proposed instruction or make an objection in the joint pleading by the deadline set forth in the Order Setting Final Pretrial Conference shall result in the instruction being refused or the objection being deemed waived. 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 - 2 -

=== Internet Research on Jurors ===

USE OF THE INTERNET AND SOCIAL MEDIA FOR JUROR OR PROSPECTIVE JUROR RESEARCH Except as authorized by the Court, attorneys, parties, witnesses, and their respective representatives may not initiate contact with any juror concerning any case in which that juror was summoned to appear. Attorneys may, however, seek leave to use websites available to the public, including social media websites, for juror or prospective juror research. If leave is granted, the following parameters will apply: (1) The website or information must be available and accessible to the public and not the result of an attorney’s own social media account; (2) The attorney may not send an access request to a juror’s social media accounts; (3) No direct communication or contact may occur between the attorney and a juror or prospective juror as a result of the research, including, but not limited to, Facebook “friend” requests, Twitter or Instagram “follow” requests, LinkedIn “connections” requests, or other forms of internet and social media contact; (4) Social media research must be done anonymously. A search on a social media site may not disclose to the juror or prospective juror the identity of the party who is making the inquiry; and (5) Deception may not be used to gain access to any website or to obtain any information. (6) Third parties working for the benefit or on behalf of any attorney must comply with these same restrictions. (7) If an attorney becomes aware of a juror’s case-related posting on the internet while the case remains pending in this Court, the attorney shall report the posting to the Court.

=== 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. Plaintiff(s), Defendant(s). CV-___-________ PHX-DLR PROPOSED FINAL PRETRIAL ORDER FOR JURY TRIAL The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ______________________, 20__ at ____ . A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): 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. The following material facts are admitted by the parties and require no proof: 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 2. 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.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff's suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . Each party shall file a short trial brief on all contested issues of law contemporaneously with the filing of the Proposed Final Pretrial Order. 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.” - 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 F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because . . . (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because ... (the objection must specify why the exhibit is not relevant or material. If there are more than 20 exhibits, the parties shall submit their exhibit lists in writing, the day before trial, in a format to be designated by the Court at the Final Pretrial Conference, in Word format either by email to [email protected] or on an IBM- compatible computer disk. 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” 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 - 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 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). Any party objecting to the admission in evidence of any portion of a deposition shall identify by page and line number the portion to which objection is made and shall state the grounds of objection specifically. Additional parts of a deposition which a party requests under Fed.R.Civ.P. 32(a)(4) to be considered with the part introduced by an opposing party shall be identified by page and number line and shall be highlighted in the requesting party's color. The parties shall include the following text 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 Motions in limine shall be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. I. LIST OF PENDING MOTIONS List all 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 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 - 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 contact Michele Morgan, Judge Rayes's Courtroom Deputy Clerk, 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’ Information. K. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case, including cross-examination of other parties' witnesses ____ hours for Defendant(s) case, including cross-examination of other parties' witnesses ____ hours for Plaintiff(s) rebuttal ____ TOTAL ESTIMATED TIME L. JURY DEMAND If a jury trial has been requested, indicate the appropriate selection: 1. 2. 3. 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 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. JOINT STATEMENT OF THE CASE The parties shall file a joint statement of the case that will be read to the jury and included in the jury questionnaire, if one is used. N. JOINT PROPOSED VOIR DIRE QUESTIONS The Court’s proposed voir dire questions are located on the Court’s website at www.azd.uscourts.gov under Judges’ Information/Orders, Forms and Procedures/Judge Rayes. Additional questions proposed by the parties shall be drafted in a neutral manner. Initial questions on a subject should call for a “yes” or “no” response. // - 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 O. JOINT PROPOSED JURY INSTRUCTIONS The proposed jury instructions shall be accompanied by citations to legal authority. The instructions shall be in accordance with "Guidelines for Jury Instructions in Civil Cases" found at www.azd.uscourts.gov under Judges’ Information and Judge Rayes. P. PROPOSED FORMS OF VERDICT The proposed forms of verdict shall include any proposed special verdict forms or juror interrogatories. Q. DISAGREEMENTS ABOUT PROPOSED STATEMENTS, VOIR DIRE, INSTRUCTIONS, OR FORMS OF VERDICT If the parties disagree about any of the proposed statements, voir dire questions, jury instructions, or forms of verdict, the party in favor of the proposal shall set it forth in the joint pleading and the party opposing it shall state the reason for the objection and offer an alternative proposal. R. FORMAT OF SUBMISSIONS The joint statement of the case, proposed voir dire questions, proposed jury instructions, and forms of verdict shall be submitted in Word format either by email to [email protected] or on an IBM-PC compatible disk. S. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. 2. 3. 4. All discovery has been completed. The identity of each witness has been disclosed to opposing counsel. Each exhibit listed herein: (1) is in existence; and (2) has been disclosed and shown to opposing counsel. The parties have complied in all respects with the mandates of the Court’s Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 5. The parties have made all of the disclosures required by the Federal - 6 - Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court." T. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a "Notice to Court Reporter" one week before trial containing the following information that may be used at trial: 1. 2. 3. 4. 5. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names or jargon. Case names and citations. Please also send (or transmit electronically) to the court reporter a copy of the concordance from key depositions. __________________________________ _________________________________ Attorney for Plaintiff(s) Attorney for Defendant(s) 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 - Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. DATED this ___ day of ______________________, 200_. Douglas L. Rayes United States District Judge 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 -

=== Proposed Final Pretrial Order - Bench 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. PROPOSED FINAL PRETRIAL ORDER FOR TRIAL TO THE COURT The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ______________________, 20__ at ____ . A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): 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.) 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 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW proof: 1. 2. The following material facts are admitted by the parties and require no 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.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff's suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . Each party shall file trial brief, limited to 10 pages, on all contested issues of law contemporaneously with the filing of the Proposed Final Pretrial Order. 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 - 2 - 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.” F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because . . . (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because ... (the objection must specify why the exhibit is not relevant or material. If there are more than 20 exhibits, the parties shall submit their exhibit lists in writing, the day before trial, in a format to be designated by the Court at the Final Pretrial Conference, in Word format either by email to [email protected] or on an IBM-compatible computer disk. 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 - 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 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” 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). Any party objecting to the admission in evidence of any portion of a deposition shall identify by page and line number the portion to which objection is made and shall state the grounds of objection specifically. Additional parts of a deposition which a party requests under Fed.R.Civ.P. 32(a)(4) to be considered with the part introduced by an opposing party shall be identified by page and number line and shall be highlighted in the requesting party's color. The parties shall include the following text 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. LIST OF PENDING MOTIONS List all pending motions. I. 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 deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary - 4 - 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 Michele Morgan, Judge Rayes’s Courtroom Deputy Clerk, 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’ Information. J. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case, including cross-examination of other parties' witnesses ____ hours for Defendant(s) case, including cross-examination of other parties' witnesses ____ hours for Plaintiff(s) rebuttal ____ TOTAL ESTIMATED TIME K. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Each party shall separately submit proposed findings of fact and conclusions of law. L. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. 2. 3. All discovery has been completed. The identity of each witness has been disclosed to opposing counsel. Each exhibit listed herein: (1) is in existence; and (2) has been disclosed and shown to opposing counsel. 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 - 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. The parties have complied in all respects with the mandates of the Court’s Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 5. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court." M. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a "Notice to Court Reporter" one week before trial containing the following information that may be used at trial: 1. 2. 3. 4. 5. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names or jargon. Case names and citations. Please also send (or transmit electronically) to the court reporter a copy of the concordance from key depositions. _______________________________ Attorney for Plaintiff(s) ______________________________ Attorney for Defendant(s) Based on the foregoing, - 6 - IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. Dated this _____ day of ____________, 2014. ______________________________________ Douglas L. Rayes United States District Judge 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 -

=== Trial Conduct and Decorum ===

TIUALCONDUCTANDDECORUM The purpose ofthis protocol is to emphasize, not supplant, certain portions of the ethical principles applicable to the lawyer's conduct in the courtroom and to preserve the dignity of the courtroom environs and the judicial process. This protocol also is intended to further efficient and orderly fact-finding. Your compliance with the following will be appreciated: 1. Be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. 2. At the final pretrial conference, give the courtroom deputy and judg~ the caption of the case and the names and addresses of all persons at counsel table and all witnesses to be called. 3. 4. Stand and do not pace when addressing the judge, jury or witnesses. Stand at the podium at all times when addressing witnesses. Except upon express permission of the Court, all communications to the Court shall be made from a position at counsel table or from the lectern. Counsel shall not approach opposing counsel, the bench, a witness, the court reporter's table or the clerk's desk without the permission of the Court. 5. Do not appeal.to emotion or prejudice during opening statement to a jury. Confine yourself to a concise summary of the important facts that you expect to prove or your position on facts the opposition has undertaken to prove. 6. Exhibits: (a) Court time may not be used for marking exhibits. This must be done in advance of the court session. (b) Provide copies of exhibits for the judge at the commencement of the trial. (c) Counsel shall arrange with the clerk for the use of chalkboards, tripods, video recorders, overheads, or other visual aids sufficiently in advance so that they may be set up while the Court is not in session. (d) Diagrams, charts, drawings and other demonstrative or visual evidence shall, whenever practicable, be prepared by witnesses before testifying. Effort should be made to avoid using time during the presentation of evidence for these purposes. 1 (e) All exhibits shall be shown to opposin~ J;:ounsel before being offered. (f) Hand all papers intended for the Court or witness to the clerk or bailiff, who, in tum, will pass them to the Judge or witness. (g) If you intend to question a witness about a group of documents, make an attempt to have all of the documents in front of the witness when you start the examination. (h) Do not offer depositions wholesale; offer only relevant, redacted portions of the transcript and always in accordance with Rule 32 ofthe Federal Rules of Civil Procedure. Plaintiff will highlight in yellow those portions it wishes to offer. The Defense will highlight in blue those portions it wishes to offer. 7. Witnesses: (a) Only one attorney for each party shall examine or cross-examine a witness. The attorney stating objections during direct examination shall be the attorney recognized for cross-examination. (b) Refer to all persons, including witnesses, other counsel, and parties, by their surnames and not by their first or given names. (c) In examining a witness, counsel generally shall not repeat or echo the previous testimony or answers given by a witness. (d) The examination and cross-examination of each witness shall be limited to questions addressed to the witness. Counsel. shall refrain from making statements, comments or remarks prior to asking a question or after a question has been answered. (e) Counsel shall admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or a~ any other time, are prohibited. 8. Objections are to be limited to stating "objection" and the basis for the objection ("Objection, leading") or the number of the Federal Rules of Evidence relied upon ("Objection, Rule 403 "). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the Judge. 9. Addr~ss all remarks to the Judge, not opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. 2 10. Gum chewing or reading of newspapers or magazines are not permitted while court is in session. Beepers, cellular telephones, Blackberries, and any other noise-making electronic equipment must be turned off while in court. 11. Counsel should try to anticipate problems that will arise during trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained. 12. Counsel shall not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess. 13. hearing of the jury. Offers of, or requests for, a stipulation should be made privately, not within the 14. Professionalism and civility are not a~pirational but mandatory in this courtroom. 3

=== Voir Dire Questions - Civil ===

1. Will all prospective jurors please stand and be sworn. 2. Jury selection process --- I ask questions. Questions are not intended to pry into your private live but are designed to find out if you have: A. Any knowledge about case. B. Knowledge of persons involved C. Preconceived opinions you might find difficult to lay aside D. Any personal experiences that might cause you to identify with one side or the other. Procedure for jury questioning: I ask questions – you raise your 3. hand with your number, only if yes. (Don’t intend to be impersonal) 4. Is anyone today experiencing any Covid-like symptoms, ie: Fever, cough, sore throat, shortness of breath, recent loss of sense of smell or taste? 5. We know that jury service is an inconvenience to all of you to one extent or the other. However, it is important to this community that persons such as yourselves be willing to serve on juries to decide cases such as this one. Jury service is one of the most important civic duties that citizens of this country are called upon to perform. I know that you will not take it lightly. 6. Let me tell you about the schedule for this trial: Starts today: Expected to end on: Daily schedule: . Is there anything about the anticipated length of the trial or the daily schedule that creates such a significant problem for you that you feel the need to request to be excused? 7. Before we go any further let me introduce staff. A. Court room clerk. B. Court reporter. C. Judicial Assistant. D. Law Clerks. E. Student externs. F. My name By chance, does anyone know me or any member of my staff? 8. Introduce people at counsel tables. A. The plaintiff is represented by. Do any of you know the Plaintiffs or any of the attorneys representing them? B. The Defendants are represented by. Does anyone know the defendants or any of the attorneys representing the defendants? Does anyone have any reason whatsoever that might interfere with 9. your serving as a fair and impartial juror? 10. Does anyone have difficulty reading or understanding English? 11. Please note that the witnesses and attorneys have been instructed not to speak to any juror for any reason. Please do not be offended if they do not talk to you outside of the courtroom. 12. Statement of the case: A. Read or heard anything of case? B. Have you or family ever been involved in a case like this case? C. Is there anything about the facts of this case that would make it difficult to be a fair and impartial juror. 13. Introduce the witnesses. A. The witnesses who may be called during this trial are: B. Does anyone know or think they know any witnesses? 14. At the end of the case, after you have heard the evidence, I will instruct you regarding what the law is. If selected as a juror, you will take an oath to follow the law. It will be your job to apply the law to the facts to reach your verdict. Does anyone feel they will have difficulty following the law even if you disagree with it? 15. Does anyone have any reason you can think of that might prevent you from being a fair and impartial juror in this case? 16. If selected to sit on this case, would any of you be unable or unwilling to render a verdict based solely on the evidence presented at trial? 17. Does anyone have strong feelings about judges and lawyers that would prevent you from giving either the plaintiffs or the defendants a fair trial in this matter? 18. Does anyone have a belief, whether religious or philosophical, which makes it difficult for you to sit in judgment of another? If selected to sit on the jury, does anyone feel they would be 19. uncomfortable expressing an opinion contrary to the opinions of the other jurors? 20. Does anyone feel they will be unable to abide by the court’s order not to complete any internet searches or other research about persons, places and events relevant to the case during the entire pendency of this case? 21. Does anyone know any other member of the jury panel? 22. Ladies and gentlemen there are some questions on the back of your juror numbers starting with juror number one. 23. Those are all of the questions I intend to ask sometimes I find when we get to the end of questioning jurors have thought of additional answers, they did not think of at the time the question was asked. 24. Let me ask a last very broad question is there anything else you think the attorneys are I should know about you before we decide who will be on this jury?

=== Voir Dire Questions - Criminal ===

1. Will all prospective jurors please stand and be sworn. 2. Jury selection process --- I ask questions. Questions are not intended to pry into your private lives but are designed to find out if you have: A. Any knowledge about case. B. Knowledge of persons involved C. Preconceived opinions you might find difficult to lay aside D. Any personal experiences that might cause you to identify with one side or the other. Procedure for jury questioning: I ask questions – you raise your 3. hand with your number, only if yes. (Don’t intend to be impersonal) 4. Is anyone today experiencing any Covid-like symptoms, ie: Fever, cough, sore throat, shortness of breath, recent loss of sense of smell or taste? 5. We know that jury service is an inconvenience to all of you to one extent or the other. However, it is important to this community that persons such as yourselves be willing to serve on juries to decide cases such as this one. Jury service is one of the most important civic duties that citizens of this country are called upon to perform. I know that you will not take it lightly. 1 6. Introduce staff. A. Courtroom clerk: B. Court reporter: C. Judicial Assistant: D. Law Clerks: E. Student externs: F. My name By chance, does anyone know me or any member of my staff? 7. Introduce people at counsel tables. A. United States is represented by: They are Assistant US attorneys. Do any of you know counsel, the US Attorney or any employees in the US attorneys’ office? B. The Defendant is represented by: Do any of you know defense counsel or the defendant? 2 Please note that the witnesses and attorneys have been instructed 8. not to speak to any juror for any reason. 9. Trial Dates: and daily schedule: . Is there anything about the schedule that creates a hardship so severe that you feel you will not be able to serve on this jury? 10. Does anyone have any reason whatsoever that might interfere with your serving as a fair and impartial juror? 11. Does anyone have difficulty reading or understanding English? 3 12. Witnesses - Introduce the witnesses. A. The witnesses who may be called during this trial are: B. Does anyone know or think they know any witness? 4 13. Statement of case. A. Has anyone read or heard anything about this case? B. Have you or anyone in your family ever been involved in a case like this case? Is there anything about the facts of this case that would make C. it difficult for you to be a fair and impartial juror. 14. Have any of you or any member of your families ever served as a law enforcement officer? 5 Is anyone unable to render a verdict based solely on the evidence 15. presented at trial? 16. Does anyone feel that the justice system or judicial process in general is unfair? 17. In a civil case the burden of proof is preponderance of the evidence. This is a criminal trial where the government must prove the defendant’s guilt beyond a reasonable doubt. That requires proof that leaves you firmly convinced that the defendant is guilty. Does anyone believe they will have difficulty holding the government to its burden? If you were firmly convinced of the defendant’s guilt, is there 18. anything that would prevent you from voting for a guilty verdict? 19. On the other hand, if you were not firmly convinced of the defendant’s guilt, is there anything that would prevent you from voting for a not guilty verdict? 20. Here are some fundamental principles of law: The fact that an indictment has been filed raises no a. presumption whatsoever of the guilt of the defendant. The Unites States government must satisfy you with evidence b. beyond a reasonable doubt of the guilt of the defendant. 6 c. 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 d. established beyond a reasonable doubt. e. 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. 21. Does anyone not understand these principles of law? 22. Does anyone disagree with any of these principles and feel they should not be the law? 23. Does anyone believe they will have any difficulty following these principles of law? 24. Does anyone believe that because a defendant has been indicted and accused of a crime that he is probably guilty? 25. Does anyone believe that if a defendant does not testify at trial then he probably has something to hide? 7 26. At the end of the case, after you have heard the evidence, I will instruct you regarding what the law is. If selected as a juror, you will take an oath to follow the law. It will be your job to apply the law to the facts to reach your verdict. Does anyone feel they will have difficulty following the law even if you disagree with it? 27. Does anyone have strong feelings regarding government policies which would prevent you from giving whether the government or the defendant a fair trial? 28. Does anyone have any strong feelings regarding the criminal justice system in this country that would prevent you from giving either the government or the defendant a fair trial in this matter? 29. Does anyone have strong feelings about judges and lawyers that would prevent you from giving either the government or the defendant a fair trial in this matter? 30. Does anyone belong to, or have family members that belong to, or support any organization or group that advocates that a juror can ignore the instructions and law given to the jury by the court? 31. Does anyone have a belief, whether religious or philosophical, which makes it difficult for you to sit in judgment of another? 8 32. If selected to sit on the jury, does anyone feel they would be uncomfortable expressing an opinion contrary to the opinions of the other jurors? 33. Does anyone feel they will be unable to abide by the court’s order not to complete any internet searches or other research about persons, places and events relevant to the case during the entire pendency of this case? 34. Does anyone know any other member of the jury panel? 35. Do any of you have any other reasons whatsoever, such as physical difficulty, a health problem or home problems that might interfere with your serving as a fair and impartial juror in this case? 35. Ladies and gentlemen there are some questions on the back of your juror numbers. Starting with juror number one, please stand and answer each of these questions. 36. Those are all of the questions I intend to ask. Sometimes I find, when we get to the end of questioning, jurors have thought of additional answers they did not think of at the time the question was asked. 9 37. Let me ask a last very broad question. Is there anything else you think the attorneys or I should know about you before we decide who will be on this jury? 10 Illegal re-entry cases only. The defendant in this case is Hispanic, is there anything about the 1. defendant's racial or ethnic status that would prevent you from being a fair and impartial juror? 2. Have you or anyone close to you had any dealings with the immigration and naturalization service (now the Department of Homeland Security) Border Patrol or the Immigration and Customs Enforcement? Is anyone here a naturalized citizen? If yes, was your experience in 3. becoming a US citizen positive or negative? Does anyone on the panel have particularly strong feelings about 4. current US immigration laws? 5. Does anyone belong to any groups or organizations related to or that focus on immigration, whether it’s pro-immigration or anti- immigration? Has anyone participated in any immigration monitoring activities 6. near the Arizona Mexico border? This case may involve official court interpreters. Does anyone 7. know the Spanish language? If so, will you be asked to set aside your knowledge and rely a. solely on the official English interpretation? 11