Hon. Krissa M. Lanham · U.S. District Court for the District of Arizona
=== 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 v. Defendants. [Having reviewed the parties’ joint Rule 26(f) report (Doc. [ ]), the court concludes it is unnecessary to hold a Rule 16 Case Management Conference and] [The court] enters the following Case Management Order to govern this case: 1. Initial Disclosures. The deadline for making the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) is fourteen days from the date of this order. 2. Deadline for Joinder, 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. Federal Rule of Evidence 502(d) Non-Waiver Order. The court orders that a communication or information covered by the attorney-client privilege or work-product protection that is disclosed in connection with the litigation pending before the court does not waive the privilege or protection in this or any other federal or state proceeding. This provision does not require any party agreement, and it avoids the need to litigate whether an inadvertent production was reasonable. By reducing the risk of waiver, this order affords parties the opportunity to reduce the cost of discovery by reducing pre-production privilege 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 review. 4. Discovery Limitations. Depositions shall be limited to seven hours each, as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. A party may serve on any other party up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. Each interrogatory or request seeking information not logically or factually subsumed within and necessarily related to the primary request will count as a separate request. 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 in this order. 5. Fact Discovery. The deadline for completion of fact discovery, including discovery by subpoena and all disclosures 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 start at least five working days before the discovery deadline. A deposition started five days before the deadline may continue up until the deadline, as necessary. b. Notwithstanding any provisions of the Federal Rules of Civil Procedure, non- party witnesses shall not be permitted to attend (either physically, electronically, or otherwise) the deposition of any other witness in this case without an order of this court to the contrary. c. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the fact discovery deadline. d. The parties may mutually agree in writing, without court approval, to extend the time for providing discovery in response to requests under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the deadlines set forth in this order. e. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years must be accompanied by a certification stating the - 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 client is aware of and approves of the requested extension. The court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. 6. Expert Disclosures, Expert Discovery, and Motions Challenging Expert Testimony. a. The party with the burden of proof on an issue 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 responding party (not having the burden of proof on the issue) 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. The party with the burden of proof on the issue shall make its rebuttal expert disclosures, if any, no later than _____________. Rebuttal experts shall be limited to responding to opinions stated by the opposing party’s experts. d. No depositions of any expert witnesses shall occur before the aforementioned disclosures concerning expert witnesses are made. e. Expert depositions shall be completed no later than ______________. All expert depositions shall be scheduled to commence at least five working days before this deadline. f. Disclosures under Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure 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 witness will testify. The summary, although not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the witness will say at trial. g. As stated in the Advisory Committee Notes to Rule 26 of the Federal Rules of Civil Procedure (1993 amendment), expert reports under Rule 26(a)(2)(B) must set forth - 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 “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. h. Each side shall be limited to one retained or specifically-employed expert witness per issue. i. An untimely-disclosed expert will not be permitted to testify unless the party offering the witness demonstrates that (a) the necessity of the expert witness could not have been reasonably anticipated at the time of the disclosure deadline, (b) the opposing counsel or unrepresented parties were promptly notified upon discovery of the need for the expert witness, and (c) the expert witness was promptly proffered for deposition. See Wong v. Regents of Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). j. Pursuant to Rule 26(e)(1), any additions or other changes to information previously disclosed must be made prior to the close of discovery. This court requires all Rule 26(a)(3) pretrial disclosures to be contained in the Joint Proposed Pretrial Order. Therefore, all exhibits and witnesses that may be offered at trial must be disclosed before the close of discovery as established by this order. This order supersedes the “thirty-day before trial” disclosure deadline contained in that Rule. Therefore (1) failure to have timely supplemented a Rule 26(a) disclosure, (2) failure to have timely supplemented responses to discovery requests, or (3) attempting to include any witnesses or exhibits in the Joint Proposed Pretrial Order that were not previously disclosed prior to the discovery deadline set forth in this order may result in the exclusion of such evidence at trial or the imposition of other sanctions. k. Any Rule 35 physical or mental examination must be noticed by _____________. l. Motions challenging the admissibility of expert testimony are disfavored - 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 prior to trial preparation. Such motions will be due on the same date as the parties’ Joint Proposed Pretrial Order. 7. Discovery Disputes. a. The parties shall not file written discovery motions without leave of the 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, not to exceed two pages per party, explaining the position taken by each party, (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere efforts as required by Local Rule 7.2(j) and have reached an impasse, and (3) copies of the contested discovery requests (e.g., copies of the interrogatories and responses). The discovery dispute summary shall adhere to the formatting requirements of Local Rule 7.1(b)(1). Discovery dispute filings that do not conform to the procedures outlined in this paragraph, including the page limitation, may be summarily stricken. If the opposing party has refused to personally consult or cooperate in the filing of the joint statement, the party seeking relief shall describe the efforts made to obtain cooperation. Upon review of the written submission, 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 Local Rule 7.2(j). b. If a discovery dispute arises during a deposition and requires an immediate ruling of the court, the parties shall email [email protected] to request a telephone conference regarding the dispute. The court strongly disfavors such requests: except in extraordinary circumstances, objections should instead be timely raised and the deponent should answer subject to the objections. If the parties submit such a dispute to the court, the deposition must proceed on other topics or questions while the parties await the court’s response. c. Absent extraordinary circumstances, the court will not entertain fact discovery disputes after the deadline for completion of fact discovery and will not entertain - 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 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. 8. Dispositive Motions. a. b. Dispositive motions shall be filed no later than ______________. No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure without 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 factual statements must be followed by a specific citation to the supporting exhibit, including a pincite. All evidence to support a motion or response must be attached to the briefs. The evidence may include only relevant excerpts rather than full documents. The only evidence that may be attached to a reply is evidence intended to rebut arguments raised for the first time in the non-movant’s response. Because no separate controverting statement of facts will be permitted, the responding party must carefully address all material facts raised in the motion. Likewise, the reply must carefully address all material facts raised in the response. Any fact that is ignored may be deemed uncontested. Procedurally, immediately following the motion, response, or reply 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, numbered individually. By way of example, citations to exhibits attached to the motion, response, or reply would be “(Ex. 1 at 7)” or “(Ex. 5 at 3).” d. A party desiring oral argument on any motion shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule 7.2(f). The court may decline the request and decide the motion without holding oral argument. If the request is granted, the court will issue an order setting the argument date - 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 and time. 9. Motions for Attorneys’ Fees. All motions for an award of attorneys’ fees shall be accompanied by an electronic Microsoft Excel spreadsheet, to be emailed to the court and opposing counsel, containing an itemized statement of legal services with all information required by Local Rule 54.2(e)(1). This spreadsheet shall be organized with rows and columns and shall automatically total the amount of fees requested to enable the court to efficiently review and recompute, if needed, the total amount of any award after disallowing any individual billing entries. This spreadsheet does not relieve the moving party of its burden under Local Rule 54.2(d) to attach all necessary supporting documentation to its motion. A party opposing a motion for attorneys’ fees shall email to the court and opposing counsel a copy of the moving party’s spreadsheet, adding any objections to each contested billing entry (next to each row, in an additional column) to enable the court to efficiently review the objections. This spreadsheet does not relieve the non-moving party of the requirements of Local Rule 54.2(f) concerning its responsive memorandum. 10. 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 court will set a settlement conference before a magistrate judge upon request of all parties. The parties are reminded that they are encouraged to discuss settlement at all times during the pendency of the litigation, but the court will not extend the case management deadlines if and when the parties elect to pursue settlement efforts, including a settlement conference before a magistrate judge. The parties should plan their settlement efforts accordingly. The parties shall promptly notify the court if settlement is - 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 reached. 11. Briefing Requirements. a. All memoranda filed with the court shall comply with Local Rule 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. c. To ensure timely case processing, a party moving for an extension of time, enlargement of page limitations, leave to amend, or leave to file a document under seal shall indicate in the motion whether the non-movant opposes the request and intends to file a written response. If such a motion does not so indicate, it may be denied for failure to comply with this order. 12. Deadline for Notice of Readiness for Trial. The plaintiff(s) shall notify the court that the parties are ready to proceed to trial. The plaintiff(s) shall file and serve this notice within seven days after the dispositive motion deadline if no dispositive motions are pending on that date. If dispositive motions are pending, the plaintiff(s) shall file and serve such notice within seven days after the resolution of the dispositive motions. The court will then issue an order identifying a window of time when the court is available for trial and instructing the parties to propose dates within this window when all parties, counsel, and witnesses are available to begin trial. The court will then issue an order setting a firm trial date and date for the final pretrial conference that (a) sets deadlines for briefing motions in limine and Daubert motions, (b) includes a form for the completion of the parties’ joint proposed pretrial order, and (c) otherwise instructs the parties concerning their duties in preparing for the final pretrial conference. 13. Dismissal for Failure to Meet Deadlines. The parties are warned that failure to meet any of the deadlines in this order or in the Federal or Local Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 14. Requirement for Paper Courtesy Copies. A paper courtesy copy of dispositive - 8 - motions (or other lengthy motions that will be opposed) and any responses or replies thereto shall be either postmarked and mailed to the judge or hand-delivered to the judge’s mailbox in the courthouse by the next business day after the electronic filing. Do not attempt to deliver documents to the judge’s chambers. Courtesy copies should be double- sided and include the ECF-generated header at the top of each page. Courtesy copies of documents too large for stapling must be submitted in three-ring binders. 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 -
=== Case Management Order for ERISA Cases ===
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 Plaintiff, CASE MANAGEMENT ORDER (ERISA) v. Defendant. [Having reviewed the parties’ joint Rule 26(f) report (Doc. [ ]), the court concludes it is unnecessary to hold a Case Management Conference and] [The court] enters the following Case Management Order to govern this case: 1. Deadline for Joinder, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is _______________ days from the date of this order. 2. Federal Rule of Evidence 502(d) Non-Waiver Order. The court orders that a communication or information covered by the attorney-client privilege or work-product protection that is disclosed in connection with the litigation pending before the court does not waive the privilege or protection in this or any other federal or state proceeding. This provision does not require any party agreement, and it avoids the need to litigate whether an inadvertent production was reasonable. By reducing the risk of waiver, this order affords parties the opportunity to reduce the cost of discovery by reducing pre-production privilege review. 3. Initial Briefs Regarding Discovery. If there is a dispute as to the need for and/or 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 scope of discovery and/or as to the standard of review, the deadline for plaintiff(s) to file a motion summarizing its position shall be ______________. This motion may be no longer than seven pages long, must be entitled “Motion for ERISA Discovery/Standard of Review Determination,” must identify—with specificity—any interrogatories, document requests, requests for admission, and/or depositions that plaintiff(s) would like to pursue, and must set forth any legal authority supporting plaintiff(s)’ position. The deadline for defendant(s) to file a response, which may not exceed seven pages in length, shall be _________. No replies may be filed. 4. Motions to Supplement the Administrative Record. Any motion to supplement the administrative record shall be filed by _________________. 5. 6. No Experts. No expert reports may be filed. Fact Discovery. If fact discovery is authorized by the court or conducted via the joint agreement of the parties, the deadline for completion shall be _____________. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to start at least five working days before the discovery deadline. A deposition started five days before the deadline may continue up until the deadline, as necessary. b. Notwithstanding any provisions of the Federal Rules of Civil Procedure, non- party witnesses shall not be permitted to attend (either physically, electronically, or otherwise) the deposition of any other witness in this case without an order of this court to the contrary. c. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the fact discovery deadline. d. The parties may mutually agree in writing, without court approval, to extend the time for providing discovery in response to requests under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the deadlines set forth in this order. - 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 e. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years must be accompanied by a certification stating the client is aware of and approves of the requested extension. The court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. 7. Discovery Disputes Following the Initial Submission of Briefs. a. The parties shall not file written discovery motions without leave of the 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, not to exceed two pages per party, explaining the position taken by each party, (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere efforts as required by Local Rule 7.2(j) and have reached an impasse, and (3) copies of the contested discovery requests (e.g., copies of the interrogatories and responses). The discovery dispute summary shall adhere to the formatting requirements of Local Rule 7.1(b)(1). Discovery dispute filings that do not conform to the procedures outlined in this paragraph, including the page limitation, may be summarily stricken. If the opposing party has refused to personally consult or cooperate in the filing of the joint statement, the party seeking relief shall describe the efforts made to obtain cooperation. Upon review of the written submission, 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 Local Rule 7.2(j). b. If a discovery dispute arises during a deposition and requires an immediate ruling of the court, the parties shall email [email protected] to request a telephone conference regarding the dispute. The court strongly disfavors such requests: except in extraordinary circumstances, objections should instead be timely raised and the deponent should answer subject to the objections. If the parties submit such a dispute to the court, the deposition must proceed on other topics or questions while the parties await the court’s response. - 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 c. Absent extraordinary circumstances, the court will not entertain discovery disputes after the deadline for completion of fact discovery. Delay in presenting discovery disputes for resolution is not a basis for extending discovery deadlines. 8. Filing the Administrative Record. The deadline for filing the administrative record shall be _______________. 9. Dispositive Motions. a. Plaintiff(s)’ opening brief shall be filed no later than _____________. Defendant(s)’ response brief shall be filed no later than_____________. Plaintiff(s)’ reply shall be filed no later than _____________. b. With respect to page limits, plaintiff(s)’ opening brief and defendant(s)’ response brief shall be no longer than ________________, and plaintiff(s)’ reply shall be no longer than ________________. c. The parties may not file separate statements of facts or separate controverting statements of facts, and instead must include all facts in the opening brief, response, or reply itself, supported by citations (including pincites) to the administrative record. All citations should reference the ECF-generated pagination. For example, if the administrative record was filed at docket entry fifteen and a party wished to cite page three, the appropriate citation would be: (Doc. 15 at 3.) d. A party desiring oral argument on any motion shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule 7.2(f). The court may decline the request and decide the motion without holding oral argument. If the request is granted, the court will issue an order setting the argument date and time. 10. Motions for Attorneys’ Fees. All motions for an award of attorneys’ fees shall be accompanied by an electronic Microsoft Excel spreadsheet, to be emailed to the court and opposing counsel, containing an itemized statement of legal services with all information required by Local Rule 54.2(e)(1). This spreadsheet shall be organized with rows and columns and shall automatically total the amount of fees requested to enable the court 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 efficiently review and recompute, if needed, the total amount of any award after disallowing any individual billing entries. This spreadsheet does not relieve the moving party of its burden under Local Rule 54.2(d) to attach all necessary supporting documentation to its motion. A party opposing a motion for attorneys’ fees shall email to the court and opposing counsel a copy of the moving party’s spreadsheet, adding any objections to each contested billing entry (next to each row, in an additional column) to enable the court to efficiently review the objections. This spreadsheet does not relieve the non-moving party of the requirements of Local Rule 54.2(f) concerning its responsive memorandum. 11. 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 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 court will set a settlement conference before a magistrate judge upon request of all parties. The parties are reminded that they are encouraged to discuss settlement at all times during the pendency of the litigation, but the court will not extend the case management deadlines if and when the parties elect to pursue settlement efforts, including a settlement conference before a magistrate judge. The parties should plan their settlement efforts accordingly. The parties shall promptly notify the court if settlement is reached. 12. Briefing Requirements. a. All memoranda filed with the court shall comply with Local Rule 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. - 5 - c. To ensure timely case processing, a party moving for an extension of time, enlargement of page limitations, leave to amend, or leave to file a document under seal shall indicate in the motion whether the non-movant opposes the request and intends to file a written response. If such a motion does not so indicate, it may be denied for failure to comply with this order. 13. Dismissal for Failure to Meet Deadlines. The parties are warned that failure to meet any of the deadlines in this order or in the Federal or Local Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 14. Requirement for Paper Courtesy Copies. A paper courtesy copy of the administrative record, opening brief, response brief, and reply brief shall be either postmarked and mailed to the judge or hand-delivered to the judge’s mailbox in the courthouse by the next business day after the electronic filing. Do not attempt to deliver documents to the judge’s chambers. Courtesy copies should be double-sided and include the ECF-generated header at the top of each page. Courtesy copies of documents too large for stapling must be submitted in three-ring binders. 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 for Social Security Cases ===
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 CASE MANAGEMENT ORDER — SOCIAL SECURTY Plaintiff, v. Commissioner Administration, of Social Security Defendant. Plaintiff brings this action for review of the determination of the Commissioner of the Social Security Administration (the “Commissioner”). The Clerk of Court assigned this case to the expedited track pursuant to Local Rule of Civil Procedure 16.2(b)(1)(A)(i). Pursuant to Local Rule 16.2(b)(1)(B), the court issues this Case Management Order without holding a scheduling conference. The Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g) (2022) state: Rule 6. Plaintiff’s Brief The plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed[.] Rule 7. Commissioner’s Brief The Commissioner must file a brief and serve it on the plaintiff within 30 days after service of the plaintiff’s brief. Rule 8. Reply Brief The plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner’s brief. See also Local Rule 16.1. The court adopts the deadlines in these Rules as the schedule in this case. The parties must review Local Rule Civil 16.1 for the requirements regarding the content and length of their briefs before this court. The Local Rules can be accessed at www.azd.uscourts.gov/local-rules. In Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989), the Court of Appeals explained that the Commissioner’s decision to deny benefits would be overturned “only if it is not supported by substantial evidence or is based on legal error.” Correspondingly, under the Local Rules, a general allegation that the Commissioner committed legal error, or that the Commissioner’s determination is not supported by substantial evidence, is insufficient to raise that issue for review. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (internal citation omitted) (“We review only issues which are argued specifically and distinctly in a party’s opening brief. We will not manufacture arguments for an appellant, and a bare assertion does not preserve a claim . . . .”). If either party fails to timely file a brief in full compliance with this order, the court may strike the non-complying brief, dismiss the case, or remand to the agency, as appropriate. See generally Fed. R. Civ. P. 41(b). Accordingly, IT IS ORDERED that this case, including all deadlines, shall be governed by the Rules referenced herein. 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 -
=== Criminal Order of Referral ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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. § 340l(i), and Local Rules of Criminal Procedure 57.6(4), I hereby refer the following proceedings to a United States 16 Magistrate Judge for hearing and preparation of findings and recommendations: 17 18 19 20 21 22 23 24 25 26 27 28 • 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 of the Federal Rules of Criminal Procedure. 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) 1 2 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 3 4 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 6th day of February, 2025. 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________________________________Honorable Krissa M. LanhamUnited States District Judge
=== Joint Pretrial Memorandum - Criminal ===
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 United States of America No. CR Plaintiff, JOINT PRETRIAL MEMORANDUM v. , Defendant(s). Following is the Joint Pretrial Memorandum to be considered at the Final Pretrial Conference in this case set for _______________ at _________________. A. Trial Counsel Provide the mailing address, email address, office number, and cell number for: Plaintiff(s): Defendant(s): B. Counts 1. Identify all counts contained in the indictment (or superseding indictment) that will be tried by jury; 2. Identify all counts, if any, in the indictment (or superseding indictment) that have been dismissed; and 3. Identify all counts, if any, the government intends to dismiss before trial. C. Forfeiture Allegations 1. Identify any forfeiture allegation contained in the indictment (or superseding indictment), whether any forfeiture allegation in the indictment (or superseding 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 indictment) has been dismissed, or whether the government intends to dismiss any forfeiture allegation in the indictment (or superseding indictment) before trial. 2. Identify, where applicable, the status of any pending related civil forfeiture proceeding, and whether the issue of forfeiture shall be determined by jury verdict or by the court if a guilty verdict is returned by the jury. D. Notices Identify all Notices of the Government’s Intent to Use Evidence. E. Motions in Limine Identify all pending motions in limine. F. Other Motions Identify all pending motions (other than motions in limine). G. Stipulations Identify and describe any joint stipulation that may be read or otherwise presented to the jury and treated as having been proved at trial. H. Numbers of Witnesses and Exhibits Identify the approximate number of witnesses to be called and exhibits to be offered at trial. I. Estimated Length of Trial Propose the estimated amount of time to be allocated for each stage of trial as follows: ___ hours: Jury Selection ___ hours: Opening Statements1 ___ hours: Government’s Case (including rebuttal) ___ hours: Defendant’s Case ___ hours: Closing Arguments2 ___ hours: Total 1 If there is more than one defendant, provide an estimate of time for each one. 2 If there is more than one defendant, provide an estimate of time for each one. - 2 - J. Interpreter State whether an interpreter will be needed at trial. K. Special Equipment Needs. State whether the parties will need any special audiovisual (or other) equipment at trial. L. Procedures for Expediting Trial Discuss and report on all available procedures that might be used to expedite trial, including but not limited to: (1) using summary exhibits in place of voluminous documentary evidence; (2) stipulations on authenticity and foundation; (3) presenting direct expert testimony through summary or written reports; and (4) using the courtroom technology to expedite the presentation of evidence. The parties are invited to email to [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’ Info → Orders, Forms & Procedures → Courtroom Technology → Courtroom Technology Equipment Information – Phoenix, Tucson, Flagstaff and Yuma Evidentiary/Trial Courtrooms. M. Jury Questionnaire, Jury Instructions, and Forms of Verdict The stipulated joint statement of the case, list of all witnesses, proposed jury instructions, and proposed forms of verdict must be filed in accordance with the instructions contained in the order setting Final Pretrial Conference. _______________________ Attorney for United States ____________________ 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 - 3 -
=== Joint Proposed 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 No. CV Plaintiff, JOINT PROPOSED PRETRIAL ORDER v. Defendants. Following is the Joint Proposed Pretrial Order to be considered at the Final Pretrial Conference in this case set for _______________ at _________________. A. Trial Counsel Provide the mailing address, email address, office number, and cell number for: Plaintiff(s): Defendant(s): B. Statement of Jurisdiction 1. Cite the statute(s) that give this court jurisdiction (e.g., jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332). 2. State whether subject matter or personal jurisdiction is disputed. (If so, the party disputing jurisdiction must set forth with specificity the bases for its objection.) C. Stipulations and Undisputed Facts and Law 1. The following material facts are admitted by the parties and require no proof: 2. The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 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. 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: NOTE: Each issue of fact must be separately and specifically identified, and each party’s contention must be provided with respect to each issue. For example: Issue #1: Whether plaintiff used due care. Plaintiff: Plaintiff looked both ways before crossing the street . . . Defendant: Plaintiff ran into the street without looking . . . 2. The following are the issues of law to be determined: NOTE: Each issue of law must be separately and specifically identified, and each party’s contention must be provided with respect to each law. For example: Issue #1: Whether plaintiff’s suit is barred by the doctrine of laches. Plaintiff: . . . Defendant: . . . E. Witness List Each party must separately list the names of witnesses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness (except witnesses who may be called for impeachment). The witnesses must be grouped as follows: (1) witnesses who will be called at trial; (2) witnesses who may be called at trial; and (3) witnesses who are unlikely to be called at trial. Additionally, the parties must include the following text in this section of the Joint Proposed 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 must 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. Exhibit List 1. The following exhibits are admissible in evidence and may be marked in evidence by the Courtroom Deputy Clerk: - 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 a. Plaintiff’s Exhibits: b. Defendant’s Exhibits: 2. As to the following exhibits, the party against whom the exhibit is to be offered objects to its admission and offers the objection stated below: a. Plaintiff’s Exhibits: [E.g., City Hospital records of plaintiff from March 1985. Defendant objects for a lack of foundation because . . . ] b. Defendant’s Exhibits: [E.g., Payroll records of plaintiff’s employer that show payment of plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because . . . ] 3. If there are more than twenty exhibits, the parties must email their exhibit lists in Word format, at least seven days before the final pretrial conference, to [email protected]. G. Depositions to be Offered Each party must list the depositions it intends to use during its case-in-chief at trial. The offering party must provide the court with a copy of the offered deposition. The offering party must highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy should be provided. This copy must contain each party’s highlighting (each party must use a different color). Any party objecting to the admission of any portion of a deposition shall provide its objection next to the proposed testimony in the margins of the deposition. The objections must be as specific as possible, identifying the Rule of Evidence, court order, or other basis for the exclusion. Generic objections are not appropriate. The response to the objection is to be placed under the specific objection, also in the margin, and following the same rules as above. The parties must include the following text in this section of the Joint Proposed Pretrial Order: “Each party hereby acknowledges by signing this Joint Proposed Pretrial Order that any deposition not listed as provided herein to be used in its case-in-chief will be disallowed, absent good cause.” - 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 H. Pending Motions The parties must list all pending motions, including motions in limine. Motions in limine must be filed as standalone motions and may be filed only for jury trials. I. Procedures for Expediting Trial The parties must 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; and (f) using courtroom technology to expedite the presentation of evidence. The parties are invited to email [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’ Info → Orders, Forms & Procedures → Courtroom Technology → Courtroom Technology Equipment Information – Phoenix, Tucson, Flagstaff and Yuma Evidentiary/Trial Courtrooms. The parties must also discuss and report whether any party will need special audiovisual (or other) equipment at trial. J. Estimated Length of Trial ____ hours for opening statements and closing arguments ____ hours for plaintiff(s)’ case, including cross-exam of other parties’ witnesses ____ hours for defendant(s)’ case, including cross-exam of other parties’ witnesses ____ hours for rebuttal K. Jury Demand State whether a jury trial has been requested. If a jury trial has been requested, indicate the appropriate selection: 1. The parties stipulate that the demand for a jury trial was timely; 2. The plaintiff/defendant contends the demand was untimely because [provide an - 4 - explanation including legal citation]; 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 [provide an explanation including legal citations]. L. Jury Questionnaire, Jury Instructions, and Forms of Verdict The proposed supplemental questions for the jury questionnaire, proposed jury instructions, and proposed forms of verdict must be filed in accordance with the instructions contained in the Order Setting Final Pretrial Conference. M. Certifications The parties must include the following text in this section of the Joint Proposed Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: (1) All discovery has been completed; (2) The identity of each witness has been disclosed to opposing counsel; (3) Each exhibit listed herein is in existence, is numbered, and has been disclosed and shown to opposing counsel; (4) The parties have complied in all respects with the mandates of the court’s Case Management Order and Order Setting Trial and 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); and (6) The parties acknowledge that once this Joint Proposed Pretrial Order has been signed and lodged by the parties, no amendments to this order can be made without leave of court.” _______________________ Attorney for Plaintiff(s) Based on the foregoing, ____________________ Attorney for Defendant(s) IT IS ORDERED that this Joint Proposed Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the Final Pretrial Order of this court. 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 -
=== Order Requiring 26(f) Report ===
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 ORDER REQUIRING RULE 26(f) REPORT Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the court will issue a scheduling order after receiving the parties’ Rule 26(f) report. After reviewing the Rule 26(f) report, the court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed within 4 weeks of the date of this order. It is the responsibility of plaintiff(s) to initiate the Rule 26(f) meeting and prepare the Joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Joint Case Management Report. The 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 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 Joint Case Management Report; 2. A list of all parties in the case, including any parent corporations or entities (for recusal purposes); 3. Any parties that have not been served and an explanation of why they have not been served, and any parties that have been served but have not answered or otherwise appeared; 4. A statement of whether any party expects to add additional parties to the case or otherwise amend pleadings; 5. The names of any parties not subject to the court’s personal (or in rem) jurisdiction; 6. A description of the basis for the court’s subject matter jurisdiction, citing specific jurisdictional statutes. 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; 7. A short statement of the nature of the case (no more than three pages), including a description of each claim, defense, and affirmative defense; 8. A listing of contemplated motions and a statement of the issues to be decided by those motions; 9. Whether the case is suitable for reassignment to a United States Magistrate Judge for all purposes or suitable for referral to a United States Magistrate Judge for a settlement conference; 10. The status of any related cases pending before this or other courts; 11. A discussion of any issues relating to preservation, disclosure, or discovery of electronically stored information (“ESI”), including the parties’ preservation of ESI and the form or forms in which it will be produced; 12. A discussion of any issues relating to claims of privilege or work product; 13. A discussion of necessary discovery, which should take into account the December 1, 2015 amendments to Rule 26(b)(1) and should include: - 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 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; c. The number of hours permitted for each deposition. The parties also should consider whether a total number of deposition hours should be set in the case, such as twenty total hours for plaintiffs and twenty total hours for defendants. Such overall time limits have the advantage of providing an incentive for each side to be as efficient as possible in each deposition, while also allowing parties to allocate time among witnesses depending on the importance and complexity of subjects to be covered with the witnesses; 14. Proposed deadlines for each of the following events. In proposing deadlines, the parties should keep in mind the Case Management Order will contain deadlines to govern this case and once the dates have been set the court will vary them only upon a showing of good cause. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years must be accompanied by a certification stating the client is aware of and approves of the requested extension. The court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. The parties must propose the following: a. A deadline for the completion of fact discovery, which will also be the deadline for pretrial disclosures pursuant to Rule 26(a)(3). This deadline is the date by which all fact discovery must be completed. Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by the deadline, including time to resolve discovery disputes. Absent extraordinary circumstances, the court will not entertain discovery - 3 - disputes after this deadline; b. Dates for full and complete expert disclosures and rebuttal expert disclosures, if any; c. d. e. f. A deadline for completion of all expert depositions; A date by which any Rule 35 physical or mental examination will be noticed if such an examination is required by any issues in the case; A deadline for filing dispositive motions; Case-specific deadlines and dates, such as the deadline to file a motion for class certification or a date on which the parties are available for a Markman (patent claim construction) hearing; g. A date by which the parties shall have engaged in face-to-face good faith settlement talks; h. Whether a jury trial has been requested and whether the request for a jury trial is contested, setting forth the reasons if the request is contested; i. 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; 15. A statement indicating whether the parties would prefer that the court hold a case management conference before issuing a scheduling order—and, if so, an explanation of why the conference would be helpful. IT IS FURTHER ORDERED that within ten days, plaintiff(s) must serve this order on any defendant that has not yet appeared or answered. IT IS FURTHER ORDERED the parties shall file a proposed Case Management Order containing all the proposed dates at the same time they file the Rule 26(f) Case Management Report. The proposed Case Management Order must also be emailed in Word format to [email protected]. 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 Requiring 26(f) Report (ERISA) ===
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. ORDER REQUIRING RULE 26(f) REPORT (ERISA) Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the court will issue a scheduling order after receiving the parties’ Rule 26(f) report. After reviewing the Rule 26(f) report, the court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed within 4 weeks of the date of this order. It is the responsibility of plaintiff(s) to initiate the Rule 26(f) meeting and prepare the Joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Joint Case Management Report. The 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 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 Joint Case Management Report; 2. A list of all parties in the case, including any parent corporations or entities (for recusal purposes); 3. Any parties that have not been served and an explanation of why they have not been served, and any parties that have been served but have not answered or otherwise appeared; 4. A statement of whether any party expects to add additional parties to the case or otherwise amend pleadings; 5. The names of any parties not subject to the court’s personal (or in rem) jurisdiction; 6. A statement indicating whether the parties would prefer that the court hold a case management conference before issuing a scheduling order—and, if so, an explanation of why this would be helpful. 7. A short statement of the nature of the case (no more than three pages), including a description of each claim, defense, and affirmative defense; 8. A discussion of whether plaintiff(s) is entitled to conduct discovery (including conflict-of-interest discovery) and, if so, the appropriate scope of discovery; 9. Proposed page limits for plaintiff(s)’ opening brief, defendant(s)’ response brief, and plaintiff(s)’ reply brief. (The parties should note that the court does not permit the filing of a separate statement of facts.); 10. Whether the case is suitable for reassignment to a United States Magistrate Judge for all purposes or suitable for referral to a United States Magistrate Judge for a settlement conference; 11. 12. The status of any related cases pending before this or other courts; Proposed deadlines for each of the following events. In proposing deadlines, the parties should keep in mind the Case Management Order will contain deadlines to govern this case and once the dates have been set in the Case - 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 Management Order, the court will vary them only upon a showing of good cause. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years must be accompanied by a certification stating the client is aware of and approves of the requested extension. The court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. The parties must propose the following: a. If there is a dispute as to the need for and/or scope of discovery and/or as to the standard of review, a deadline for plaintiff(s) to file a motion, not to exceed seven pages, entitled “Motion for ERISA Discovery/Standard of Review Determination,” summarizing its position and a deadline for defendant(s) to submit a seven-page response brief. No replies may be filed. These deadlines should be set as soon as practicable. b. A deadline for amending the pleadings and a deadline for any motion to supplement the administrative record. These deadlines should occur well before plaintiff(s)’ opening brief is due. c. A deadline for the completion of fact discovery, if applicable. This deadline should occur at least four months after the deadline for the submission of the parties’ briefs concerning the need for and/or scope discovery and/or standard of review (see subpart (a) above) so the parties have sufficient time to complete whatever discovery is authorized by the court. Discovery requests must be served and depositions noticed sufficiently in advance of the discovery cutoff date to ensure reasonable completion by the deadline, including time to resolve further discovery disputes. Absent extraordinary circumstances, the court will not entertain discovery disputes after this deadline; - 3 - d. e. A deadline for filing the administrative record; Deadlines for submission of plaintiff(s)’ opening brief, defendant(s)’ response brief, and plaintiff(s)’ reply brief; f. A date by which the parties shall have engaged in face-to-face good faith settlement talks; g. 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. IT IS FURTHER ORDERED that within ten days, plaintiff(s) must serve this order on any defendant that has not yet appeared or answered. IT IS FURTHER ORDERED the parties shall file a proposed Case Management Order – ERISA Case containing all the proposed dates using the form available on the court’s website. The proposed Case Management Order must also be emailed in Word format to [email protected]. Dated this ___ day of ____, ____. 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 Bench Trial & Final Pretrial Conference - Civil ===
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 ORDER SETTING BENCH TRIAL AND FINAL PRETRIAL CONFERENCE IT IS ORDERED that the trial is set to begin on [date] at 9:00 a.m. and conclude on [date] in Courtroom 503, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. IT IS FURTHER ORDERED that pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on [approx. 1 week before trial]. In preparation for the Final Pretrial Conference, it is hereby ordered: 1. Attendance Required. The attorneys (or pro se parties) who will be responsible for the trial of the case must attend the Final Pretrial Conference. The attendees must bring their calendars so trial scheduling can be discussed. 2. Proposed Pretrial Order. Timing: The parties must jointly prepare a Proposed Pretrial Order and file it with the court at least fourteen days before the Final Pretrial Conference. The parties must exchange drafts of the Proposed Pretrial Order no later than fourteen days before the submission deadline. The plaintiff(s) has the burden of initiating such communications. The parties also must submit a copy of the Proposed Pretrial Order to the court in Word 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 format to [email protected]. Content: The Proposed Pretrial Order must include the information prescribed in the “Joint Proposed Pretrial Order” form that is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. The information may not be set forth in the form of a question and must be presented in concise narrative statements. 3. Marking of Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial no later than fourteen days before the submission deadline for the Proposed Pretrial Order. During this meeting, the parties also must eliminate any duplicate exhibits.1 Further information about the court’s exhibit marking procedures can be found in the document entitled “Exhibit Marking Instructions,” which is available at www.azd.uscourts.gov under: Judges’ Info → Orders, Forms and Procedures → Standard Forms Used by All Phoenix Judges. During trial, the parties must advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel before being offered. 4. Preclusion of Undisclosed Matters. The parties are advised that the court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with this order and the Federal Rules of Civil Procedure and listed in the Proposed Pretrial Order, except to prevent manifest injustice. 5. Motions in Limine. This case will be tried to the court, and therefore the parties may not file motions in limine. United States v. Heller, 551 F.3d 1108, 1111-12 1 During the in-person meeting, the exhibits must be in the exact physical form that will be used at trial. In other words, if a party intends to offer a paper exhibit at trial, that party must have a marked paper copy at the in-person meeting, not an electronic copy. Also, the parties should mark their exhibits exactly as they intend to offer them at trial. During trial, exhibits will be admitted or rejected in their entirety. Thus, if any part of an exhibit is objectionable, it will be excluded in its entirety. The parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 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 (9th Cir. 2009) (“A motion in limine is a procedural mechanism to limit in advance testimony or evidence in a particular area . . . before attempted use of the evidence before the jury. . . . [I]n the case of a bench trial, a threshold ruling is generally superfluous.”). Trial memoranda often serve as a better vehicle than motions in limine for parties to address anticipated evidentiary issues. Trial memoranda of no more than seventeen pages may be filed on the same date the parties file the Proposed Pretrial Order. Trial memoranda may be used for parties to brief, in advance of trial, their position as to the admissibility of particular pieces of evidence (or categories of evidence). Additionally, trial memoranda may be used to brief other types of issues that are anticipated to arise at trial, such as arguments related to the sufficiency of the evidence. The court encourages the parties to raise in trial memoranda any issues the court should be aware of before trial. 6. Other Case-Related Documents. The court does not require the submission of proposed findings and fact and conclusions of law prior to the bench trial. The court expects to solicit post-trial briefing, including the filing of proposed findings of fact and conclusions of law. Proposed findings of fact must contain specific citations to the portions of the trial record that support each factual assertion. 7. Settlement Discussions. The parties must 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 must promptly file a Notice of Settlement with the Clerk of the court. 8. Information for Court Reporter. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” one week before the Final Pretrial Conference containing the following information: a. b. c. d. e. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names, or jargon. Case names and citations. - 3 - f. Phonetic spelling of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Teri Veres at [email protected] and to [email protected]. Counsel also must advise the court reporter as soon as possible if they would like to receive a real-time feed or daily turnaround transcript of the proceedings. 9. Delivery of Final Exhibits. Counsel shall contact the Courtroom Deputy, [email protected], seven days before trial to make arrangements for counsel or their representative to deliver finalized and marked copies of all exhibits. The finalized exhibits must be delivered to the Courtroom Deputy at least 48 hours before trial. 10. Compliance Required. The court wishes to emphasize to the parties that it views compliance with the provisions of this order as critical to its case management responsibilities and to the responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure. Thus, full and complete compliance with this order is required. 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 Final Pretrial Conference - Criminal ===
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 United States of America Plaintiff, v. Defendant(s). No. CR ORDER SETTING FINAL PRETRIAL CONFERENCE Pursuant to Federal Rule of Criminal Procedure 17.1, a Final Pretrial Conference has been set for [date] in Courtroom 503, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. In preparation for the Final Pretrial Conference, it is hereby ordered: 1. Attendance Required. The attorneys (or pro se parties) who will be responsible for the trial of the case, as well as the defendant, must attend the Final Pretrial Conference. The attendees must bring their calendars so trial scheduling can be discussed. 2. Joint Pretrial Memorandum. The parties must jointly develop and file with the Clerk of Court, at least seven days before the Final Pretrial Conference, a Joint Pretrial Memorandum. The Joint Pretrial Memorandum must include the information prescribed in the “Joint Pretrial Memorandum” form that is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. The information may not be set forth in the form of a question and must be presented in concise narrative statements. 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. Notices Of Intent. All Notices of the Government’s Intent to Use Evidence must be filed and served at least seven days before the Final Pretrial Conference. Untimely notices are subject to being summarily denied or stricken by the court. 4. Expert Disclosures. For expert witness testimony a party intends to use during its case-in-chief at trial, the party must disclose the information required by Rule 16(a)(1)(G) or Rule 16(b)(1)(C) no later than 45 days before the final pretrial conference. For expert witness testimony a party intends to use to rebut expert witness testimony disclosed by the opposing party, the party must disclose the information required by Rule 16(a)(1)(G) or Rule 16(b)(1)(C) no later than 14 days before the final pretrial conference. 5. Marking of Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial no later than seven days before the submission deadline for the Final Pretrial Conference. During this meeting, the parties also must eliminate any duplicate exhibits.1 Further information about the court’s exhibit marking procedures can be found in the document entitled “Exhibit Marking Instructions,” which is available at www.azd.uscourts.gov under: Judges’ Info → Orders, Forms and Procedures → Standard Forms Used by All Phoenix Judges. During trial, the parties must advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel before being offered. 6. Motions in Limine. The parties must file all motions in limine no later than fourteen days before the Final Pretrial Conference. Each party may file no more than ten motions in limine. Responses must be filed no later than seven days before the Final 1 During the in-person meeting, the exhibits must be in the exact physical form that will be used at trial. In other words, if a party intends to offer a paper exhibit at trial, that party must have a marked paper copy at the in-person meeting, not an electronic copy. Also, the parties should mark their exhibits exactly as they intend to offer them at trial. During trial, exhibits will be admitted or rejected in their entirety. Thus, if any part of an exhibit is objectionable, it will be excluded in its entirety. The parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 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 Pretrial Conference. No replies are permitted. Each motion in limine must include proposed language for the order being sought from the court, and the proposed language must state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Each motion and response must not exceed three pages in length. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. The court wishes to emphasize that, in its experience, motions in limine are often used improperly. The point of a motion in limine is “to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984). Thus, it might be permissible for a party to seek a pretrial ruling as to the admissibility of a particular piece of evidence out of concern that the evidence is not only inadmissible but also inherently prejudicial, such that the bell could not be unrung even if an evidentiary objection were made and sustained at trial. In contrast, motions in limine “should rarely seek to exclude broad categories of evidence, as the court is almost always better situated to rule on evidentiary issues in their factual context during trial.” Lankford v. Taylor, 2020 WL 6395294, *3 (D. Ariz. 2020) (citation omitted). For these reasons, trial memoranda often serve as a better vehicle than motions in limine for parties to address anticipated evidentiary issues. Trial memoranda of no more than seventeen pages may be filed on the same date the parties file the Joint Pretrial Memorandum. Trial memoranda may be used for parties to brief, in advance of trial, their position as to the admissibility of particular pieces of evidence (or categories of evidence). Additionally, trial memoranda may be used to brief other types of issues that are anticipated to arise at trial, such as claims related to the sufficiency of the evidence. The court thus encourages the parties to give careful thought to whether issues that might be raised in a motion in limine would be better raised in a trial memorandum. The court further encourages the parties to raise in a trial memorandum any issues the court should be aware of before trial. 7. Other Case-Related Documents. The parties must, at least seven days before - 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 the Final Pretrial Conference, file the following documents and deliver a copy of the documents to chambers, three-hole punched on the left side of the page: a. b. A stipulated joint statement of the case, which will be read to the jury. A joint master witness list naming every witness who may be called at trial, to be used during voir dire. c. Joint proposed forms of verdict, including any proposed special verdict forms or juror interrogatories. d. A joint set of proposed jury instructions. The joint set must contain the following four sections with each instruction clearly identified when it should be given (e.g., preliminary, midtrial, final): (1) A list of all applicable Ninth Circuit Model Criminal Jury Instructions, which are available at http://www3.ce9.uscourts.gov/jury-instructions/model- criminal. 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” (the government) or “DF” (defendant). (2) Any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) Any non-model instructions requested by the government (numbered consecutively), with only one instruction per page. The government shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and the government’s authority. Defendant shall support any objection with citation to authority. If defendant offers an - 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 alternative instruction, such alternative instruction shall immediately follow defendant’s objection. (4) Any non-model instructions requested by defendant (numbered consecutively), with only one instruction per page. Defendant shall include citation to authority to support the requested instruction. The government shall state all objections to such instruction immediately following the instruction and defendant’s authority. The government shall support any objection with citation to authority. If the government offers an alternative instruction, such alternative instruction shall immediately follow the government’s objection. 8. Word Copies of Case-Related Documents. Seven days before the Final Pretrial Conference, the parties must submit copies of the following documents in Word format by email to [email protected]: a. b. c. Joint statement of the case. Joint proposed forms of verdict. A full-text version of all proposed jury instructions, including the full text of all applicable Ninth Circuit Model Criminal Jury Instructions, organized in the same four sections described above with each instruction clearly identified when it should be given (e.g., preliminary, midtrial, final). 9. Juror Questionnaires. The court uses the juror questionnaire available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. The parties must file a joint statement of the case to be included in that questionnaire no later than six weeks before the Final Pretrial Conference. In addition, each side may propose no more than three questions, with no subparts, to be added to that questionnaire. The court may not approve all questions proposed by the parties. The parties must file the proposed questions no later than six weeks before the Final Pretrial - 5 - Conference. The parties must email a Word version of both the joint statement of the case and any questions they propose to [email protected]. 10. Information for Court Reporter. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” seven days before the Final Pretrial Conference containing the following information: a. b. c. d. e. f. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names, or jargon. Case names and citations. Phonetic spelling of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Teri Veres at [email protected] and to [email protected]. Counsel also must advise the court reporter as soon as possible if they would like to receive a real-time feed or daily turnaround transcript of the proceedings. 11. Delivery of Final Exhibits. Counsel shall contact the Courtroom Deputy, [email protected], seven days before trial to make arrangements for counsel or their representative to deliver finalized and marked copies of all exhibits. The finalized exhibits must be delivered to the Courtroom Deputy at least 48 hours before trial. 12. Plea Agreement Deadline. The parties are advised that absent unusual circumstances, the court will not accept a plea agreement entered after noon on the Friday before trial. It is therefore ordered that the parties shall notify the court and have scheduled a change of plea hearing before noon on the Friday before trial should they wish to present a plea agreement to the court. In all other circumstances, counsel shall notify the court immediately if settlement is reached. 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 Jury Trial & Final Pretrial Conference - Civil ===
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 Plaintiff, ORDER SETTING TRIAL AND FINAL PRETRIAL CONFERENCE v. Defendants. IT IS ORDERED that the trial is set to begin on [date], and the anticipated end date is [date]. The trial will be held from 9:00 to 4:30 p.m. each day in Courtroom 503, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. IT IS FURTHER ORDERED that pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on [approx. 1 week before trial]. In preparation for the Final Pretrial Conference, it is hereby ordered: 1. Attendance Required. The attorneys (or pro se parties) who will be responsible for the trial of the case must attend the Final Pretrial Conference. The attendees must bring their calendars so trial scheduling can be discussed. 2. Proposed Pretrial Order. Timing: The parties must jointly prepare a Proposed Pretrial Order and file it with the court at least fourteen days before the Final Pretrial Conference. The parties must exchange drafts of the Proposed Pretrial Order no later than fourteen days before the submission deadline. The plaintiff(s) has the burden of initiating such communications. 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 parties also must submit a copy of the Proposed Pretrial Order to the court in Word format to [email protected]. Content: The Proposed Pretrial Order must include the information prescribed in the “Joint Proposed Pretrial Order” form that is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. The information may not be set forth in the form of a question and must be presented in concise narrative statements. 3. Marking of Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial no later than fourteen days before the submission deadline for the Proposed Pretrial Order. During this meeting, the parties also must eliminate any duplicate exhibits.1 Further information about the court’s exhibit marking procedures can be found in the document entitled “Exhibit Marking Instructions,” which is available at www.azd.uscourts.gov under: Judges’ Info → Orders, Forms and Procedures → Standard Forms Used by All Phoenix Judges. During trial, the parties must advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel before being offered. 4. Preclusion of Undisclosed Matters. The parties are advised that the court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with this order and the Federal Rules of Civil Procedure and listed in the Proposed Pretrial Order, except to prevent manifest injustice. 5. Motions in Limine and Daubert Motions. The parties must file all motions 1 During the in-person meeting, the exhibits must be in the exact physical form that will be used at trial. In other words, if a party intends to offer a paper exhibit at trial, that party must have a marked paper copy at the in-person meeting, not an electronic copy. Also, the parties should mark their exhibits exactly as they intend to offer them at trial. During trial, exhibits will be admitted or rejected in their entirety. Thus, if any part of an exhibit is objectionable, it will be excluded in its entirety. The parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 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 in limine no later than [4 weeks before FPTC]. Each party may file no more than ten motions in limine. Responses must be filed no later than [2 weeks before FPTC]. No replies are permitted. Each motion in limine must include proposed language for the order being sought from the court, and the proposed language must state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Each motion and response must not exceed three pages in length. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. The court wishes to emphasize that, in its experience, motions in limine are often used improperly. The point of a motion in limine is “to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984). Thus, it might be permissible for a party to seek a pretrial ruling as to the admissibility of a particular piece of evidence out of concern that the evidence is not only inadmissible but also inherently prejudicial, such that the bell could not be unrung even if an evidentiary objection were made and sustained at trial. In contrast, motions in limine “should rarely seek to exclude broad categories of evidence, as the court is almost always better situated to rule on evidentiary issues in their factual context during trial.” Lankford v. Taylor, 2020 WL 6395294, *3 (D. Ariz. 2020) (citation omitted). Additionally, “[a] motion in limine is not the proper vehicle for seeking a dispositive ruling on a claim, particularly after the deadline for filing such motions has passed.” Hana Fin., Inc. v. Hana Bank, 735 F.3d 1158, 1162 n.4 (9th Cir. 2013). For these reasons, trial memoranda often serve as a better vehicle than motions in limine for parties to address anticipated evidentiary issues. Trial memoranda of no more than seventeen pages may be filed on the same date the parties file the Proposed Pretrial Order. Trial memoranda may be used for parties to brief, in advance of trial, their position as to the admissibility of particular pieces of evidence (or categories of evidence). Additionally, trial memoranda may be used to brief other types of issues that are anticipated to arise at trial, such as claims related to the sufficiency of the evidence. The court thus encourages the parties to give careful thought to whether issues that might be raised in a - 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 motion in limine would be better raised in a trial memorandum. The court further encourages the parties to raise in a trial memorandum any issues the court should be aware of before trial. 6. Other Case-Related Documents. The parties must—by the deadline for filing the Proposed Pretrial Order—file the following documents (and submit copies of these documents in Word format to [email protected]): a. b. A stipulated joint statement of the case, which will be read to the jury. A joint master list of the names of every witness who may be called at trial, to be used during voir dire. c. Proposed forms of verdict, including any proposed special verdict forms or juror interrogatories. d. A joint set of proposed jury instructions. The joint set must contain the following four sections with each instruction clearly identified when it should be given (e.g., preliminary, midtrial, final): (1) A list of all applicable Ninth Circuit Model Civil Jury Instructions, which are available at http://www3.ce9.uscourts.gov/jury-instructions/model-civil. 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). (2) Any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) Any non-model instructions requested by plaintiff (numbered consecutively), with only one instruction per page. Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and - 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 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. (4) Any non-model instructions requested by defendant (numbered consecutively), with only one instruction per page. 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. 7. Juror Questionnaires. The court uses the juror questionnaire available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. The parties must file a joint statement of the case to be included in that questionnaire no later than six weeks before the Final Pretrial Conference. In addition, each side may propose no more than three questions, with no subparts, to be added to that questionnaire. The court may not approve all questions proposed by the parties. The parties must file the proposed questions no later than six weeks before the Final Pretrial Conference. The parties must email a Word version of both the joint statement of the case and any questions they propose to [email protected]. 8. Settlement Discussions. The parties must 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 must promptly file a Notice of Settlement with the Clerk of the court. 9. Information for Court Reporter. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” one week before the Final Pretrial - 5 - Conference containing the following information: a. b. c. d. e. f. Proper names, including those of witnesses. Acronyms. Geographic locations. Technical (including medical) terms, names, or jargon. Case names and citations. Phonetic spelling of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Teri Veres at [email protected] and to [email protected]. Counsel also must advise the court reporter as soon as possible if they would like to receive a real-time feed or daily turnaround transcript of the proceedings. 10. Delivery of Final Exhibits. Counsel shall contact the Courtroom Deputy, [email protected], seven days before trial to make arrangements for counsel or their representative to deliver finalized and marked copies of all exhibits. The finalized exhibits must be delivered to the Courtroom Deputy at least 48 hours before trial. 11. Compliance Required. The court wishes to emphasize to the parties that it views compliance with the provisions of this order as critical to its case management responsibilities and to the responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure. Thus, full and complete compliance with this order is required. 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 Preliminary Injunction Hearing ===
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 ORDER v. Plaintiff, Defendants. IT IS ORDERED setting an evidentiary hearing on plaintiff’s Motion for Preliminary Injunction (Doc. ______) on [date]. This hearing will be held in Courtroom 503, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. IT IS FURTHER ORDERED the parties shall jointly prepare and file a joint pre- hearing statement by [date], setting forth the following information: 1. Counsel for the Parties. Provide the mailing address, email address, office number, and cell number for: a. Plaintiff(s): b. Defendant(s): 2. Statement of Jurisdiction. a. Cite the statute(s) that give this Court jurisdiction (e.g., jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332). b. State whether subject matter or personal jurisdiction is disputed. (If so, the party disputing jurisdiction must set forth with specificity the bases for its 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 3. Witness List Each party must separately list the names of witnesses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness (except witnesses who may be called for impeachment). The witnesses must be grouped as follows: (1) witnesses who will be called at the hearing; (2) witnesses who may be called at the hearing; and (3) witnesses who are unlikely to be called at the hearing. Additionally, the parties must include the following text in this section of the joint pre-hearing statement: “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 must be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” 4. Exhibit List a. The following exhibits are admissible in evidence and may be marked in evidence by the Courtroom Deputy Clerk: i. Plaintiff’s Exhibits: ii. Defendant’s Exhibits: b. As to the following exhibits, the party against whom the exhibit is to be offered objects to its admission and offers the objection stated below: i. Plaintiff’s Exhibits: [E.g., City Hospital records of plaintiff from March 1985. Defendant objects for a lack of foundation because . . . ii. Defendant’s Exhibits: [E.g., Payroll records of plaintiff’s employer that show payment of plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because . . . .] c. The parties must email their exhibit lists in Word format, at least three days before the hearing, to [email protected]. 5. Depositions to be Offered. Each party must list the depositions it intends to use during the hearing. The offering party must provide the Court with a copy of the offered - 2 - deposition. The offering party must highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy should be provided. This copy must contain each party’s highlighting (each party must use a different color). Any party objecting to the admission of any portion of a deposition shall provide its objection next to the proposed testimony in the margins of the deposition. The objections must be as specific as possible, identifying the Rule of Evidence, court order, or other basis for the exclusion. Generic objections are not appropriate. The response to the objection is to be placed under the specific objection, also in the margin, and following the same rules as above. The parties must include the following text in this section of pre-hearing statement: “Each party hereby acknowledges that any deposition not listed as provided herein will be disallowed, absent good cause.” 6. Procedures for Expediting Hearing. The parties must discuss and report on all available procedures that might be used to expedite the hearing, 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; and (e) using courtroom technology to expedite the presentation of evidence. The parties are invited to send an email to [email protected] to arrange a time to visit the courtroom and examine its technology before the hearing. Information about courtroom technology can also be found at www.azd.uscourts.gov under Judges’ Info → Orders, Forms & Procedures → Courtroom Technology → Courtroom Technology Equipment Information – Phoenix, Tucson, Flagstaff and Yuma Evidentiary/Trial Courtrooms. 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 - 7. Estimated Length of Hearing ____ hours for movant(s)’ evidence, including cross-exam of non-movant(s)’ witnesses ____ hours for non-movant(s)’ evidence (if any), including cross-exam of movant(s)’ witnesses ____ minutes per side for oral argument 8. Service Plaintiff(s) shall provide defendant(s) with a copy of this order setting the hearing by [date] and shall file with the Court a notice indicating when and how notice was provided. 9. Failure to Respond If the non-movant(s) does not respond to the Motion for Preliminary Injunction by [date] or fails to appear at the hearing, the Court will deem either failure to be consent to the motion being granted. Local Rule Civ. 7.2(i). 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 -
=== Preliminary 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 The parties are advised of the following preliminary policies and procedures that will govern these proceedings. IT IS ORDERED as follows: Governing Rules Both counsel and pro se litigants must abide by the Rules of Practice of the U.S. District Court for the District of Arizona (“Local Rules”) and the Federal Rules of Civil Procedure. Disclosure Statements Full compliance with Federal Rule of Civil Procedure 7.1 is required by plaintiff(s) and defendant(s). Rule 7.1(a)(1) requires any nongovernmental corporation to file a disclosure statement identifying “any parent corporation and any publicly held corporation owning 10% or more of its stock.” Rule 7.1(a)(2) requires a party in an action where jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to file a disclosure statement identifying the citizenship of “every individual or entity whose citizenship is attributed to that party.” A Corporate Disclosure Statement form is available at https://www.azd.uscourts.gov/forms/disclosure-statement. Service Deadline Service of the summons and complaint on each defendant located in the United States must occur within 90 days of filing the complaint. See Fed. R. Civ. P. 4(m). If service cannot occur within 90 days, a request for an extension may be filed before expiration of the 90-day period. Any such request must set forth the reason why service has not been accomplished and request a specific short additional period of time. If the court believes your reason constitutes “good cause,” it will authorize a brief additional period to accomplish service. Proof of service must be filed with the Clerk of Court, in the form of an affidavit, promptly after service has been made. See Fed. R. Civ. P. 4(l). It is important to comply with this requirement because absent proof of service, the court will have no way of knowing that the complaint has been served. 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 This order serves as an express warning that the court will dismiss this action, without further notice to plaintiff(s), with respect to any defendant that is not timely served. See Fed. R. Civ. P. 4(m). Forms of Papers The parties shall adhere to all of the requirements of Local Rule 7.1, including the requirement that text and footnotes shall be no smaller than 13 point. Citations supporting any textual proposition shall be included in the text, not in a footnote. Notices of supplemental authority and responses to those notices are limited to 350 words excluding case captions and signature blocks. Use of Generative Artificial Intelligence Any party that uses generative artificial intelligence (“generative AI”) in connection with filings in this matter must attach to the subject filing a separate declaration disclosing the use of generative AI and certifying that the filer, in the exercise of the filer’s independent judgment, has personally reviewed and verified the content of the filing as accurate and in compliance with Federal Rule of Civil Procedure 11. The declaration must identify which, if any, portion of the filing incorporates Generative AI outputs. Any party who presents to the court a pleading, written motion, or other paper incorporating inaccurate or undeclared generative AI outputs, including but not limited to inaccurate or non-existent case citations, may be subject to sanctions without further warning. “Generative AI” as used in the previous paragraph refers to large language models that accept user input and generate new content. Generative AI includes, but is not limited to, the tools available through ChatGPT, Claude, Copilot, DeepSeek, Google Gemini, and Grok. Paper Courtesy Copies Do not send paper courtesy copies of Federal Rule of Civil Procedure 7(a) pleadings, short procedural motions (e.g., motions for extension of time), 26(f) reports, or stipulations. A paper courtesy copy of dispositive motions (or other lengthy motions that will be opposed) and any responses or replies thereto shall be either postmarked and mailed 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 the judge or hand-delivered to the judge’s mailbox in the courthouse by the next business day after the electronic filing. Do not attempt to deliver documents to the judge’s chambers. Courtesy copies should be double-sided and include the ECF-generated header at the top of each page. Courtesy copies of documents too large for stapling must be submitted in three-ring binders. Amending Pleadings Before filing a motion for leave to amend a pleading, the party that wishes to amend must seek the consent of the other parties in an attempt to file the amended pleading pursuant to Local Rule 15.1(b). If any party is unwilling to consent, the motion for leave to amend must indicate which party (or parties) will oppose the request. If a motion for leave to amend a pleading fails to so indicate, the motion will be denied without prejudice for failure to adhere to this order. Motions and Stipulations Every motion or stipulation, however mundane, must cite the rule(s) and/or law(s) that permit the court to grant the requested relief. Requests for extensions of time must include a brief explanation of why the extension is needed to help the court determine whether there is good cause. See Fed. R. Civ. P. 6(b)(1)(A). To ensure timely case processing, a party moving for an extension of time, enlargement of page limitations, or leave to file a document under seal shall indicate in the motion whether the non-movant opposes the request and intends to file a written response. If such a motion does not so indicate, it may be denied for failure to comply with this order. Motions and stipulations should be accompanied by proposed orders. A proposed order is not necessary for motions that will require a reasoned analysis from the court, or for stipulations requesting issuance of the court’s standard protective order with no amendments. These proposed orders must not be on letterhead or contain any information identifying the party submitting the order, and they must set forth the relief requested rather than incorporating the motion or stipulation by reference. See also Local Rule 7.1(b)(3). Proposed orders must be emailed—in Microsoft Word format (not PDF)—to 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 [email protected]. The subject line of the email must include the case name, case number, the words “proposed order for [name of motion],” and an indication of whether the motion is opposed or unopposed if this is not otherwise apparent from the name of the motion. Rule 12 Motions Are Discouraged Any motion under Federal Rule of Civil Procedure 12 is discouraged if the challenged defect in the pleading can be cured by filing an amended pleading. The court therefore requires that: (1) before filing a Rule 12(b)(6) motion to dismiss or a Rule 12(c) motion for judgment on the pleadings, the movant confer with the opposing party to determine whether such motion can be avoided; and (2) the movant attach a certificate of conferral, certifying that it notified the opposing party of the issues asserted in its motion and that the parties conferred but were unable to agree that the pleading was curable in any part by a permissible amendment offered by the pleading party. See also Local Rule 12.1(c). The requirement to meet and confer and attach a certificate of conferral applies in equal force to motions to dismiss amended complaints, notwithstanding earlier conferrals and certificates filed before the complaint was amended. Any motion lacking the required certification may be summarily stricken. Multiple defendants represented by the same counsel may not file separate Rule 12 motions. Defendants represented by the same counsel who wish to file a Rule 12 motion must file a single joint motion that includes all arguments applicable to any defendant. Protective Orders The court’s standard protective order is available is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Lanham, Krissa M. If the parties agree that discoverable materials should be kept confidential, they may file a stipulation requesting that the court issue its standard protective order. If the parties wish to propose additional provisions, they may request and stipulate to the additional proposed language, subject to the court’s review. In that case, all language added to the standard order by the parties should be redlined into a Word 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 document using “tracked changes,” and the parties’ Word document with the tracked changes must be emailed to chambers. The parties are reminded that the mere fact the parties have designated certain materials or information as confidential pursuant to an agreement or stipulation does not mean the court will automatically order that filings containing such information be placed under seal. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Motions to Seal Local Rule 5.6 governs sealing of court records in unsealed civil actions. Every motion to seal, including stipulations pursuant to Local Rule 5.6(d), must identify the legal standard applicable to the document at issue and explain why the material sought to be sealed meets that standard. The stringent “compelling reasons supported by specific factual findings” standard articulated in Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), applies to motions and their attachments where the motion is “more than tangentially related to the merits of a case.” Ctr. for Auto Safety, 809 F.3d at 1101. Merely noting that a document was designated confidential by a party will not satisfy any applicable legal standard for sealing. Where a party seeks to seal only certain portions of a given document, the unredacted version of the document, which should be lodged under seal pursuant to Local Rule 5.6(c), must include highlighting to indicate which portions of the document the party seeks to redact. Emergencies and Expedited Consideration Any party desiring expedited consideration of a motion or other matter pending before the court may make such a request by filing a separate Notice for Expedited Consideration accompanied by a certificate from counsel for the moving party or, if unrepresented, the moving party. The certificate must set forth the following: 1) the facts establishing the need for expedited resolution; 2) the dates of the imminent events pertinent to the request; 3) whether the motion or request for expedited consideration could have been filed earlier; and 4) when or how the moving party will provide notice to all other 5 parties and the other parties’ positions on the motion. A request for expedited consideration that is simply mentioned in the caption/title of the related filing will not be considered—a separate notice and certificate must be filed. Requests to Reschedule Court Dates The court interprets Local Rule 7.3(b) as applying to requests to reschedule court dates due to attorney conflicts. As such, and to enable the court to efficiently manage cases, such requests must be made by motion or stipulation, must indicate the position of each other party, and (unless another party plans to file a written opposition, which would be appropriate only in rare circumstances) must propose to the court at least three dates/times when all counsel are available for rescheduling purposes. Noncompliance The parties are specifically advised that failure to prosecute, to comply with court orders, or to comply with the Local and Federal Rules may result in dismissal of all or part of this case, default, imposition of sanctions, or summary disposition of matters pending before the court. See also Local Rule 7.2(i) (“If a motion does not conform in all substantial respects with the requirements of [the Local Rules], or if the [opposing party] does not serve and file the required answering memoranda, . . . such noncompliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily.”). IT IS FURTHER ORDERED: 1. That plaintiff(s) must promptly serve a copy of this order on defendant(s) and file a notice of service with the Clerk of Court; 2. That, unless the court orders otherwise, on Click or tap to enter a date. the Clerk of Court shall terminate without further notice any defendant in the United States that has not been served pursuant to Rule 4(m) 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 6
=== Standard Civil Juror Questionnaire ===
(cid:0) (cid:0) (cid:2)(cid:3)(cid:4)(cid:5)(cid:0)(cid:6)(cid:7)(cid:8)(cid:5)(cid:2)(cid:4)(cid:9)(cid:10)(cid:10)(cid:11)(cid:4)(cid:12)(cid:8)(cid:0)(cid:0) (cid:0) (cid:0) (cid:4)(cid:5)(cid:0)(cid:13)(cid:9)(cid:12)(cid:0)(cid:0) (cid:11)(cid:2)(cid:2)(cid:9)(cid:12)(cid:10)(cid:8)(cid:14)(cid:0)(cid:7)(cid:5)(cid:8)(cid:0)(cid:9)(cid:10)(cid:15)(cid:14)(cid:0) (cid:16)(cid:17)(cid:0)(cid:18)(cid:19)(cid:20)(cid:0)(cid:21)(cid:22)(cid:23)(cid:0)(cid:21)(cid:0)(cid:24)(cid:20)(cid:22)(cid:19)(cid:22)(cid:0)(cid:21)(cid:25)(cid:26)(cid:0)(cid:0) (cid:27)(cid:21)(cid:28)(cid:23)(cid:0)(cid:22)(cid:23)(cid:21)(cid:29)(cid:27)(cid:23)(cid:26)(cid:0)(cid:30)(cid:27)(cid:16)(cid:31)(cid:0) (cid:21)!(cid:23)"(cid:0)(cid:0) #(cid:23)(cid:21)(cid:31)(cid:23)(cid:0)(cid:29)(cid:21)##(cid:0)(cid:30)(cid:27)(cid:23)(cid:0)(cid:24)(cid:20)(cid:22)(cid:18)(cid:0)(cid:19)(cid:17)(cid:17)(cid:16)(cid:29)(cid:23)(cid:0)(cid:0) (cid:21)(cid:30)(cid:0)$%&’(&&’)&)*+(cid:0)(cid:0) (cid:0) (cid:18)(cid:19)(cid:20)(cid:0)(cid:31)(cid:27)(cid:19)(cid:20)#(cid:26)(cid:0)(cid:25)(cid:19)(cid:30)(cid:0)(cid:29)(cid:19), #(cid:23)(cid:30)(cid:23)(cid:0)(cid:30)(cid:27)(cid:16)(cid:31)(cid:0)-(cid:20)(cid:23)(cid:31)(cid:30)(cid:16)(cid:19)(cid:25)(cid:25)(cid:21)(cid:16)(cid:22)(cid:23)+(cid:0) (cid:0) (cid:0) (cid:0) (cid:0) UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JUDGE LANHAM CONFIDENTIAL JUROR QUESTIONNAIRE Pool Sequence Number: Trial Date: You have been randomly selected for a trial that is expected to last XXXX days. Jury selection will be held on [DATE]. If you are selected to serve, the case will begin immediately after the jury panel is chosen. Trial days will be: Tuesday-Friday Unless otherwise modified by the judge, most trial days will begin at 9:00 a.m. with a late morning break, an hour lunch around 12:00 p.m., a late afternoon break, and ending around 4:30 p.m. 1. Given the above information, would the length of the trial or the proposed schedule create an undue hardship for you if selected to serve on the jury? Yes___ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ **Include Statement of Case here** 2. Given the nature of the case, if selected, can you be a fair and impartial juror? Yes___ No ____ If you answered “No,” such that you believe you could NOT be a fair and impartial juror due to the subject matter of the case, please explain why. ______________________________________________________________________________ 1 ______________________________________________________________________________ ______________________________________________________________________________ 3. Do you, or a member of your household, have any health concerns or disabilities that you believe might affect your duties as a juror or would make it difficult to be a fair, impartial and attentive juror? These may include COVID-related concerns or any conditions that would cause you to have difficulty observing, listening, or sitting for long periods of time. Yes___ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Do you have any difficulties understanding or reading the English language that might affect your duties as a juror? Yes___ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ 5. Have you or member of your family or close friend ever been involved in a case like this case? Yes___ No ____ If you answered “Yes,” please explain. 2 ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. Age: ______________ 7. General Address (ie: crossroads, city): _________________________________________ 8. How long have you lived at your current residence? _________________________________________ 9. Where do you work? (If retired, where did you work just before you retired?) ______________________________________________________________________________ ______________________________________________________________________________ 10. What kind of work do you do? (If retired, what was the nature of work you last did?) ______________________________________________________________________________ ______________________________________________________________________________ 11. What level of school did you reach? Describe any degrees you have received. ______________________________________________________________________________ ______________________________________________________________________________ 12. Are you married? Yes____ No____ 3 If you are currently married, what type of work does your spouse do? If he/she is retired, what was the nature of the work he/she did prior to retirement? ______________________________________________________________________________ ______________________________________________________________________________ 13. Do you have any children? Yes____ No____ If you answered “Yes” and your children are under age 18, please provide their ages. ______________________________________________________________________________ 14. Have you ever served on a jury before? If yes, how did the case resolve? Yes____ No____ ______________________________________________________________________________ ______________________________________________________________________________ 15. If applicable, is there anything in your previous jury service that would influence you in deciding the issues in this case? ______________________________________________________________________________ ______________________________________________________________________________ 16. Have you ever served on a Grand Jury? If yes, when and where? Yes____ No____ ______________________________________________________________________________ ______________________________________________________________________________ 17. What print or digital publications and websites do you read or follow regularly? 4 ______________________________________________________________________________ ______________________________________________________________________________ 18. If you watch television, what shows do you watch regularly? ______________________________________________________________________________ ______________________________________________________________________________ 19. If you have bumper stickers on your vehicle, state the content of them. ______________________________________________________________________________ ______________________________________________________________________________ 20. If you belong to civic, social, fraternal, union, or professional organizations, please state which ones. ______________________________________________________________________________ ______________________________________________________________________________ 21. Have you or any immediate family members (including your spouse, parents, children, sisters and brothers) ever been involved in a lawsuit? Yes____ No____ If yes, please explain the nature of the lawsuit and how you or your immediate family member was involved. ______________________________________________________________________________ ______________________________________________________________________________ 22. Do you or any members of your immediate family have any legal training? If yes, please explain. Yes____ No____ ______________________________________________________________________________ 5 ______________________________________________________________________________ 23. Do you have any strong feelings about the justice system in this country, including but not limited to your feelings about judges and lawyers, that would prevent you from giving either party a fair hearing in this matter? If yes, please explain. Yes____ No____ ______________________________________________________________________________ ______________________________________________________________________________ 24. Is there anything that the lawyers or the judge should know about you that has not been asked in these questions before it is decided who will be on the jury? ______________________________________________________________________________ ______________________________________________________________________________ 25. [SUPPLEMENTAL QUESTIONS FROM PARTIES] By checking this box, I declare under penalty of perjury that all answers are true to □ the best of my knowledge and belief. ______________________ DATE Notice For your safety and the safety of all others, if you develop any symptoms such as fever or chills, cough, sore throat, nasal congestion or runny nose (unless attributable to allergies), unusual muscle aches, shortness of breath or difficulty breathing, nausea or vomiting, or diarrhea do not report for jury service. Contact the jury administrator at: 602-322-7278. 6
=== Standard Criminal Juror Questionnaire ===
(cid:0) (cid:0) (cid:2)(cid:3)(cid:4)(cid:5)(cid:0)(cid:6)(cid:7)(cid:8)(cid:5)(cid:2)(cid:4)(cid:9)(cid:10)(cid:10)(cid:11)(cid:4)(cid:12)(cid:8)(cid:0)(cid:0) (cid:0) (cid:0) (cid:4)(cid:5)(cid:0)(cid:13)(cid:9)(cid:12)(cid:0)(cid:0) (cid:11)(cid:2)(cid:2)(cid:9)(cid:12)(cid:10)(cid:8)(cid:14)(cid:0)(cid:7)(cid:5)(cid:8)(cid:0)(cid:9)(cid:10)(cid:15)(cid:14)(cid:0) (cid:16)(cid:17)(cid:0)(cid:18)(cid:19)(cid:20)(cid:0)(cid:21)(cid:22)(cid:23)(cid:0)(cid:21)(cid:0)(cid:24)(cid:20)(cid:22)(cid:19)(cid:22)(cid:0)(cid:21)(cid:25)(cid:26)(cid:0)(cid:0) (cid:27)(cid:21)(cid:28)(cid:23)(cid:0)(cid:22)(cid:23)(cid:21)(cid:29)(cid:27)(cid:23)(cid:26)(cid:0)(cid:30)(cid:27)(cid:16)(cid:31)(cid:0) (cid:21)!(cid:23)"(cid:0)(cid:0) #(cid:23)(cid:21)(cid:31)(cid:23)(cid:0)(cid:29)(cid:21)##(cid:0)(cid:30)(cid:27)(cid:23)(cid:0)(cid:24)(cid:20)(cid:22)(cid:18)(cid:0)(cid:19)(cid:17)(cid:17)(cid:16)(cid:29)(cid:23)(cid:0)(cid:0) (cid:21)(cid:30)(cid:0)$%&’(&&’)&)*+(cid:0)(cid:0) (cid:0) (cid:18)(cid:19)(cid:20)(cid:0)(cid:31)(cid:27)(cid:19)(cid:20)#(cid:26)(cid:0)(cid:25)(cid:19)(cid:30)(cid:0)(cid:29)(cid:19), #(cid:23)(cid:30)(cid:23)(cid:0)(cid:30)(cid:27)(cid:16)(cid:31)(cid:0)-(cid:20)(cid:23)(cid:31)(cid:30)(cid:16)(cid:19)(cid:25)(cid:25)(cid:21)(cid:16)(cid:22)(cid:23)+(cid:0) (cid:0) (cid:0) (cid:0) (cid:0) UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JUDGE LANHAM CONFIDENTIAL JUROR QUESTIONNAIRE Pool Sequence Number: Trial Date: You have been randomly selected for a trial that is expected to last XXXX days. Jury selection will be held on [DATE]. If you are selected to serve, the case will begin immediately after the jury panel is chosen. Trial days will be: Tuesday-Friday Unless otherwise modified by the judge, most trial days will begin at 9:00 a.m. with a late morning break, an hour lunch around 12:00 p.m., a late afternoon break, and ending around 4:30 p.m. 1. Given the above information, would the length of the trial or the proposed schedule create an undue hardship for you if selected to serve on the jury? Yes____ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ **Include Statement of Case here** 2. Given the nature of the case, if selected, can you be a fair and impartial juror? Yes____ No ____ If you answered “No,” such that you believe you could NOT be a fair and impartial juror due to the subject matter of the case, please explain why. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Do you, or a member of your household, have any health concerns or disabilities that you believe might affect your duties as a juror or would make it difficult to be a fair, impartial and attentive juror? These may include COVID-related concerns or any conditions that would cause you to have difficulty observing, listening, or sitting for long periods of time. Yes____ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Do you have any difficulties understanding or reading the English language that might affect your duties as a juror? Yes____ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Have you or a member of your family or close friend ever been involved in a case like this case? Yes____ No ____ If you answered “Yes,” please explain. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. Age: __________ 7. General Address (ie: crossroads, city): _________________________________ 8. How long have you lived at your current residence? _________________________________ 9. Where do you work? (If retired, where did you work just before you retired?) ______________________________________________________________________________ ______________________________________________________________________________ 10. What kind of work do you do? (If retired, what was the nature of work you last did?) ______________________________________________________________________________ ______________________________________________________________________________ 11. What level of school did you reach? Describe any degrees you have received ______________________________________________________________________________ ______________________________________________________________________________ 12. Are you married? Yes____ No ____ If you are currently married, what type of work does your spouse do? If he/she is retired, what was the nature of the work he/she did prior to retirement? ______________________________________________________________________________ ______________________________________________________________________________ 13. Do you have any children? Yes____ No ____ If you answered “Yes” and your children are under the age of 18, please provide their ages. ______________________________________________________________________________ 14. Have you ever served on a jury before? If yes, how did the case resolve? Yes____ No ____ ______________________________________________________________________________ ______________________________________________________________________________ 15. If applicable is there anything in your previous jury service that would influence you in deciding the issues in this case? ______________________________________________________________________________ ______________________________________________________________________________ 16. Have you ever served on a Grand Jury? If yes, when and where? Yes____ No ____ ______________________________________________________________________________ ______________________________________________________________________________ 17. What print or digital publications and websites do you read or follow regularly? ______________________________________________________________________________ ______________________________________________________________________________ 18. If you watch television, what shows do you watch regularly? ______________________________________________________________________________ ______________________________________________________________________________ 19. If you have bumper stickers on your vehicle, state the content of them. ______________________________________________________________________________ ______________________________________________________________________________ 20. If you belong to civic, social, fraternal, union, or professional organizations, please state which ones. ______________________________________________________________________________ ______________________________________________________________________________ 21. Have you or any immediate family members (including your spouse, parents, children, sisters and brothers) ever been involved in a lawsuit? Yes____ No ____ If yes, please explain the nature of the lawsuit and how you or your immediate family member was involved. ______________________________________________________________________________ ______________________________________________________________________________ 22. Do you or any members of your immediate family have any legal training? If yes, please explain. Yes____ No ____ ______________________________________________________________________________ ______________________________________________________________________________ 23. Have you or any immediate family members ever been a victim of a crime, regardless of whether charges were ever brought? Yes____ No____ If “Yes”: a. What was that person’s relationship to you? ______________________________________________________________________________ b. What was the nature of the crime? ______________________________________________________________________________ c. Was there anything about that experience that might make it difficult for you to sit as a fair and impartial juror in this case? ______________________________________________________________________________ 24. Have you or any immediate family members ever been charged with a crime? Yes____ No____ If “Yes”: a. What was that person’s relationship to you? ______________________________________________________________________________ b. What was the nature of the crime? ______________________________________________________________________________ c. Was there anything about that experience that might make it difficult for you to sit as a fair and impartial juror in this case? ______________________________________________________________________________ 25. Do you or any of your immediate family members work in law enforcement? This includes not only police officers but also employees of law enforcement agencies, military police, the FBI, Border Patrol, DEA, ATF, the Department of Homeland Security, or any other government law enforcement or intelligence agency. Yes____ No____ If “Yes”: a. What was that person’s relationship to you? ______________________________________________________________________________ b. What law enforcement or intelligence agency does that person work for? ______________________________________________________________________________ c. Was there anything about that person’s experience that might make it difficult for you to sit as a fair and impartial juror in this case? ______________________________________________________________________________ 26. Do you have a belief—whether religious, philosophical, or otherwise—that would make it difficult for you to sit in judgment of another? If yes, please explain. Yes____ No ____ ______________________________________________________________________________ ______________________________________________________________________________ 27. Do you have any strong feelings about the criminal justice system in this country, including but not limited to your feelings about judges and lawyers, that would prevent you from giving either the government or the defendant a fair hearing in this matter? If yes, please explain. Yes____ No ____ ______________________________________________________________________________ ______________________________________________________________________________ 28. Is there anything that the lawyers or the judge should know about you that has not been asked in these questions before it is decided who will be on the jury? _____________________________________________________________________________ ______________________________________________________________________________ 29. [SUPPLEMENTAL QUESTIONS FROM PARTIES] By checking this box, I declare under penalty of perjury that all answers are true to the best of my knowledge and belief. ______________________ DATE Notice For your safety and the safety of all others, if you develop any symptoms such as fever or chills, cough, sore throat, nasal congestion or runny nose (unless attributable to allergies), unusual muscle aches, shortness of breath or difficulty breathing, nausea or vomiting, or diarrhea do not report for jury service. Contact the jury administrator at: 602-322-7278.
=== Standard 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 EXAMPLE: PROTECTIVE ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, PROTECTIVE ORDER No. v. Defendant. The court recognizes that documents and information (“Materials” as defined herein) being sought through discovery in the above-captioned action are considered confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order (“order”) in this action to facilitate document production and disclosure, and to protect the respective interests of the parties in their confidential information. This order shall remain in effect unless modified pursuant to the terms contained in this order. Accordingly, IT IS ORDERED that the parties’ stipulation (Doc. __) is GRANTED and the following provisions shall be enforced. The following Definitions apply in this order: The term “Confidential Information” means information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, and compilations derived therefrom that is deemed to be Confidential Information by any party. 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 term “Materials” includes, but is not limited to: documents; correspondence; memoranda; financial information; emails; specifications; marketing plans; marketing budgets; customer information; materials that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; forecasts; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; sketches; drawings; notes of discussions with third parties; other notes; business reports; instructions; disclosures; other writings; records of website development; and internet archives. The term “Counsel” means all counsel of record throughout the litigation, including outside counsel of record, and other attorneys, paralegals, secretaries, and support staff employed in the office of any counsel of record. The following provisions apply in this action: A. Each party to this action that produces or discloses any Materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and/or transcripts of trial testimony and depositions that the producing party believes should be subject to this Protective Order may designate the same as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.” 1. Designation as “CONFIDENTIAL”: Any party may designate information as “CONFIDENTIAL” only if, in the good-faith belief of such party and its Counsel, the unrestricted disclosure of such information could be harmful to the business or operations of such party. 2. Designation as “CONFIDENTIAL – FOR COUNSEL ONLY”: Any party may designate information as “CONFIDENTIAL – FOR COUNSEL ONLY” only if, in the good-faith belief of such party and its Counsel, the information is among that considered to be most sensitive by the party, including but not limited to trade secret or other confidential data related to research, development, finances, or customers. - 2 - B. In the event the producing party elects to produce Materials for inspection, no marking need be made by the producing party in advance of the initial inspection. For purposes of the initial inspection, all Materials produced will be considered as “CONFIDENTIAL – FOR COUNSEL ONLY,” and must be treated as such pursuant to the terms of this order. Thereafter, upon selection of specified Materials for copying by the inspecting party, the producing party must, within a reasonable time prior to producing those Materials to the inspecting party, mark the copies of those Materials that contain Confidential Information with the appropriate confidentiality marking. C. Whenever a deposition taken on behalf of any party involves the disclosure of Confidential Information of any party: 1. The deposition or portions of the deposition must be designated as containing Confidential Information subject to the provisions of this order. Such designation must be made on the record whenever possible, but a party may designate portions of depositions as containing Confidential Information after transcription of the proceedings. A party will have until 30 days after receipt of the deposition transcript to inform the other party or parties to the action of the portions of the transcript to be designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.” 2. Prior to the disclosure of Confidential Information, the disclosing party will have the right to exclude from attendance at the deposition any person other than the deponent, Counsel (including their staff and associates), the court reporter, and person(s) agreed upon by the parties. 3. The originals of the deposition transcripts and all copies of the deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY,” as appropriate, and the original or any copy ultimately presented to a court for filing must not be filed unless it can be accomplished 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 - under seal, identified as being subject to this order, and protected from being opened except by order of this court. D. All Confidential Information designated as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” must not be disclosed by the receiving party to anyone other than those persons designated within this order, must be handled in the manner set forth below, and must not be used for any purpose other than in connection with this action, unless and until such designation is removed either by agreement of the parties or by order of the court. E. Information designated “CONFIDENTIAL – FOR COUNSEL ONLY” may be viewed only by: 1. Counsel (as defined above) of the receiving party; 2. Independent experts and stenographic and clerical employees associated with such experts. Prior to receiving any Confidential Information of the producing party, the expert must execute a copy of the “Agreement to Be Bound by Stipulated Protective Order,” attached hereto as Exhibit A. Counsel for the receiving party must retain executed copies of such exhibits; 3. The court and any court staff and administrative personnel; 4. Any court reporter employed in this action and acting in that capacity; and 5. Any person indicated on the face of the document to be its author or co- author, or any person identified on the face of the document as one to whom a copy of such document was sent before its production in this action. F. Information designated “CONFIDENTIAL” may be viewed only by the individuals listed in paragraph E, above, and by the additional individuals listed below: 1. Party principals or executives who are required to participate in policy decisions with reference to this action; 2. Technical personnel of the parties with whom Counsel for the parties find it necessary to consult in preparation for trial of this action; and 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 - 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. Stenographic and clerical employees associated with the individuals identified above. G. All information that has been designated as “CONFIDENTIAL – FOR COUNSEL ONLY” by the producing or disclosing party, and any and all reproductions of that information, must be retained in the custody of the Counsel for the receiving party, except that independent experts authorized to view such information under the terms of this order may retain custody of copies as necessary for their participation in this action, but only during the course of this action. The principals, employees or other agents of the parties who received information prior to and apart from this action that was subsequently disclosed in this action as being either “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” may also retain copies of that information as is necessary for use in their respective businesses. H. If a party wishes to file a document that has been designated as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY,” or if a party wishes to refer in a motion or other filing to information so designated by another party, the parties must comply with the following procedures which differ from those set forth in Local Rule 5.6. The party wishing to file or refer to information designated as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY,” must confer with the designating party about the need to file the document under seal and whether the parties can agree on a stipulation seeking to have the document filed under seal. If the parties are unable to agree, the party that does not believe the document should be filed under seal must file a “Notice of Intent to File Publicly” and lodge the documents under seal. (Section II(J)(1) of the Electronic Case Filing Administrative Policies and Procedures Manual explains how this filing must be completed.) The opposing party must then file a motion to seal. Every motion to seal, including stipulations, must identify the legal standard applicable to the document at issue and explain why the material sought to be sealed meets that standard. “Compelling reasons” must be shown where the motion or document is - 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 more than tangentially related to the merits of the case and “good cause” must be shown for other motions or documents. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The party that does not believe the material should be filed under seal may file a response. No reply is allowed. If no motion to seal is filed, the lodged motion or documents will be filed on the public docket. Additionally, a party referencing information that may be sealed shall, within the applicable deadline, file a redacted, unsealed version of any motion, response or reply if the party is waiting for a ruling from the court on filing an unredacted, sealed version of the same document. No portion of the trial of the matter shall be conducted under seal. Nothing in this order shall be construed as automatically permitting a party to file under seal. Furthermore, the mere fact the parties have designated certain materials or information as confidential pursuant to an agreement or stipulation does not establish the legal standard for placing those materials or information under seal has been met. I. Confidential Information and Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” shall be used solely for the prosecution or defense of this action. A party that wishes to use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action must request permission, in writing, from Counsel for the producing party. The receiving party’s request must identify the Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” that the receiving party wishes to use and must identify the purpose for using it. If the parties cannot resolve the question of whether the receiving party can use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action within fourteen days of the producing party’s receipt of such a request, the - 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 receiving party may move the court for a ruling on the receiving party’s request. In the event any party files a motion seeking to use Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” for a purpose other than the prosecution or defense of this action, the Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” shall be submitted to the court, under seal, for an in-camera inspection. Any Confidential Information and/or Materials designated “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” at issue must be treated as Confidential Information, as designated by the producing party, until the court has ruled on the motion or the matter has been otherwise resolved. J. At any stage of these proceedings, any party may object to a designation of confidentiality. The party objecting to confidentiality must submit written objections and the grounds for the objections to Counsel for the producing party. If the dispute is not resolved within fourteen days of receipt of objections, the objecting party may move the court for a ruling on the objection. In the event any party files a motion challenging the designation or redaction of information, the document shall be submitted to the court, under seal, for an in-camera inspection. The Materials at issue must be treated as Confidential Information, as designated by the producing party, until the court has ruled on the objection or the matter has been otherwise resolved. K. At any stage of these proceedings, any party may request that it be permitted to disclose Materials designated as Confidential Information to individuals not permitted by this order to view such Materials. The party must submit to Counsel for the producing party a written notice identifying the relevant Materials and the individuals to whom the party wishes to disclose the Materials. If the request is not resolved within fourteen days of receipt of such a request, the requesting party may move the court for a ruling allowing such disclosure. If any party files a motion - 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 requesting such disclosure, the Materials shall be submitted to the court, under seal, for an in-camera inspection. The Materials at issue must be treated as Confidential Information, as designated by the producing party, until the court has ruled on the request. L. All Confidential Information must be held in confidence by those inspecting or receiving it. To the extent the Confidential Information has not been disclosed prior to and apart from this action, it must be used only for purposes of this action. If the Confidential Information was exchanged between the parties prior to and apart from this action for purposes of conducting their respective businesses, the parties may continue to use that otherwise Confidential Information for that purpose. The parties may not distribute the Confidential Information beyond those persons or entities that had received the Confidential Information prior to this action. In addition, counsel for each party, and each person receiving Confidential Information, must take reasonable precautions to prevent the unauthorized or inadvertent disclosure of such information. If Confidential Information is disclosed to any person other than a person authorized by this order, the party responsible for the unauthorized disclosure must immediately bring all pertinent facts relating to the unauthorized disclosure to the attention of the other parties and, without prejudice to any rights and remedies of the other parties, make every effort to prevent further disclosure by the party and by the person(s) receiving the unauthorized disclosure. M. No party will be responsible to another party for disclosure of Confidential Information under this order if the information in question is not labeled or otherwise identified as such in accordance with this order. N. If a party, through inadvertence, produces any Confidential Information without labeling or marking or otherwise designating it as such in accordance with this order, the producing party may give written notice to the receiving party that the Materials produced are deemed Confidential Information, and that the Materials produced should be treated as such in accordance with that designation under this - 8 - order. The receiving party must treat the Materials as confidential once the producing party so notifies the receiving party. If the receiving party has disclosed the Materials before receiving the designation, the receiving party must notify the producing party in writing of each such disclosure. Counsel for the parties will agree on a mutually acceptable manner of labeling or marking the inadvertently produced Materials as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” – SUBJECT TO PROTECTIVE ORDER. O. Nothing within this order will prejudice the right of any party to object to the production of any discovery material on the grounds that the material is protected as privileged or as attorney work product. P. Nothing in this order will bar Counsel from rendering advice to their clients with respect to this action and, in the course thereof, relying upon any information designated as Confidential Information, provided that the contents of the information must not be disclosed. Q. This order will be without prejudice to the right of any party to oppose production of any information for lack of relevance or any other ground other than the mere presence of Confidential Information. The existence of this order must not be used by either party as a basis for discovery that is otherwise improper under the Federal Rules of Civil Procedure. R. Information designated Confidential pursuant to this order also may be disclosed if: 1. the party or non-party making the designation consents to such disclosure; 2. the court, after notice to all affected persons, allows such disclosure; or 3. the party to whom Confidential Information has been produced thereafter becomes obligated to disclose the information in response to a lawful subpoena, provided that the subpoenaed party gives prompt notice to Counsel for the party which made the designation, and permits Counsel for that party sufficient time to intervene and seek judicial protection from the enforcement 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 - 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 this subpoena and/or entry of an appropriate protective order in the action in which the subpoena was issued. S. Nothing in this order shall limit any producing party’s use of its own documents or shall prevent any producing party from disclosing its own Confidential Information to any person. Such disclosures shall not affect any confidential designation made pursuant to the terms of this order so long as the disclosure is made in a manner which is reasonably calculated to maintain the confidentiality of the information. Nothing in this order shall prevent or otherwise restrict Counsel from rendering advice to their clients, and in the course thereof, relying on examination of stamped confidential information. T. Within 30 days of the final termination of this action, including any and all appeals, Counsel for each party must purge all Confidential Information from all machine- readable media on which it resides and must either return all Confidential Information to the party that produced the information, including any copies, excerpts, and summaries of that information, or destroy it. With respect to paper copies, return or destruction of Confidential Information is at the option of the producing party. Notwithstanding the foregoing, Counsel for each party may retain all pleadings, briefs, memoranda, motions, and other documents filed with the court that refer to or incorporate Confidential Information, and will continue to be bound by this order with respect to all such retained information, after the conclusion of this action. Further, attorney work product Materials that contain Confidential Information need not be destroyed, but, if they are not destroyed, the person in possession of the attorney work product will continue to be bound by this order with respect to all such retained information after the conclusion of this action. U. The restrictions and obligations set forth within this order do not apply to any information that: 1. the parties agree should not be designated Confidential Information; 2. the parties agree, or the court rules, is already public knowledge; or - 10 - 3. the parties agree, or the court rules, has become public knowledge other than as a result of a violation of this order. V. Any party may designate as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” any Materials that were produced during the course of this action without such designation before the effective date of this order, as follows: 1. Parties to this action may designate such Materials by sending written notice of such designation, accompanied by copies of the designated Materials bearing the appropriate legend of “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY” to all other parties in possession or custody of such previously undesignated Materials. Any party receiving such notice and copies of designated Materials pursuant to this subparagraph shall return to the producing party all undesignated copies of such Materials in its custody or possession, or shall affix the appropriate legend to all copies of the designated Materials in its custody or possession. 2. Upon notice of designation pursuant to this paragraph, parties shall also: a. make no disclosure of such designated Materials or information contained therein except as allowed under this order; and b. take reasonable steps to notify any persons known to have possession of such designated Materials or information of the effect of such designation under this order. 3. All such designations must be made within 30 days of the date of this order. W. Transmission by e-mail, facsimile, or other reliable electronic means is acceptable for all notification purposes within this order. X. This order may be modified by agreement of the parties, subject to approval by the court. Y. The court may modify the terms and conditions of this order for good cause, or in the interest of justice, or on its own order at any time in these proceedings. 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 - 11 - Z. After termination of this action, the provisions of this order shall continue to be binding, except with respect to those documents and information that became a matter of public record. This court retains and shall have continuing jurisdiction over the parties and recipients of Confidential Information and Materials designated as confidential for enforcement of the provisions of this order following termination of this action. 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 - 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 EXHIBIT A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA v. Plaintiff, Defendant. No. AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER I, __________________________________________, declare and say that: 1. I am employed as _________________________________________ by _____________________________________________________. 2. I have read the Stipulated Protective order (the “order”) entered in _________________________ and have received a copy of the order. 3. I promise that I will use any and all “Confidential” or “Confidential – For Counsel Only” information, as defined in the order, given to me only in a manner authorized by the order, and only to assist Counsel in the litigation of this matter. 4. I promise that I will not disclose or discuss such “Confidential” or “Confidential – For Counsel Only” information with anyone other than the persons authorized to receive such information by the order. 5. I acknowledge that, by signing this agreement, I am subjecting myself to the jurisdiction of the United States District Court for the District of Arizona with respect to the enforcement of the order. 6. I understand that any disclosure or use of “Confidential” or “Confidential – For Counsel Only” information in any manner contrary to the provisions of the Protective Order may subject me to sanctions for contempt of court. 7. I will return all “Confidential” or “Confidential – For Counsel Only” Materials (as defined in the order) to the attorney who provided it to me, upon request of that attorney, and I shall not retain any copies of said Materials or any information contained within “Confidential” or “Confidential – For Counsel Only” Materials. I declare under penalty of perjury that the foregoing is true and correct. Date: ____________________ ____________________________ 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 - 2 -
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