Case Management Order; Case Management Order (post-MIDP); Case Management Order for ERISA Cases; Case Management Order for Post 5/1/2017 Cases Subject to the MIDP; Courtroom Protocol; Criminal Order of Referral; Electronic/Video Courtroom Instructions; Guidelines for Jury Instructions in Civil Cases

=== 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. The Court enters the following Case Management Order to govern the litigation in this case: 1. Mandatory Initial Discovery Pilot Project. This case is subject to the Mandatory Initial Discovery Pilot Project (“MIDP”) implemented by General Order 17- 08. The parties must comply with the requirements of the MIDP, and need not make the initial disclosures required by Federal Rule of Civil Procedure 26(a). If responses required by the MIDP have not been exchanged, they shall be exchanged by _______________. 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this Order. 3. Discovery Limitations. Depositions shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of 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 documents, including subparts, and 25 requests for admissions, including subparts. 4. MIDP Responses and Fact Discovery. The deadline for final supplementation of MIDP responses and the completion of fact discovery, including discovery by subpoena, shall be____________.1 To ensure compliance with this deadline, the following rules shall apply: a. Written Discovery: All interrogatories, requests for production of document, and requests for admissions shall be served at least 45 days before the discovery deadline. b. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. 5. Expert Disclosures and Discovery. a. Plaintiff(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than _____________. b. Defendant(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than _____________. c. Rebuttal expert disclosures, if any, shall be made no later than _____________. Rebuttal experts shall be limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than ______________. 1 General Order 17-08 implements the MIDP and should be reviewed carefully. It requires parties to timely supplement their MIDP responses as new information is discovered. Parties who fail to timely disclose relevant information will be precluded from using it in the case and may be subject to other sanctions. Parties who unreasonably postpone disclosure of relevant information to the end of the discovery period will also be subject to sanctions. ‐ 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. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify, but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the expert will say at trial.2 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. The Court notes, however, that it usually permits parties to present opinions of their experts that were elicited by opposing counsel during depositions of the experts. Counsel should depose experts with this fact in mind. g. Each side shall be limited to one retained or specifically employed expert witness per issue. 6. Discovery Disputes. a. If a discovery dispute arises, the parties promptly shall call the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not 2 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. ‐ 3 ‐ 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 resolve the dispute during the telephone conference. The parties shall not file written discovery motions without leave of Court.3 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. 7. 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 court. c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not exceed ten pages in length, exclusive of exhibits. The parties should review Hunton v. Am. Zurich Ins. Co., No. CV-16-00539-PHX-DLR, 2018 WL 1182552, at *5 (D. Ariz. Mar. 7, 2018), before briefing summary judgment motions. d. The parties shall not notice oral argument on any motion. Instead, a party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 8. 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 3 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered correspondence with attachments. ‐ 4 ‐ report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 9. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly unusual circumstances, extend the schedule in this case to accommodate settlement talks. 10. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 11. Pre-motion Conference. The Court will hold a conference with the parties before motions for summary judgment are filed. The purpose of the conference will be to narrow issues and focus the briefing, and perhaps dispense with statements of fact under Local Rule 56.1. The parties shall exchange two-page letters describing any anticipated motions for summary judgment and responses, identifying the issues and claims on which summary judgment will be sought and the basis for the motions and response. The parties shall file these letters with the Court on or before ______________, and shall call the Court the same day to schedule a time for a pre-motion conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 5 ‐

=== Case Management Order (post-MIDP) ===

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. , Defendant. The Court enters the following Case Management Order to govern the litigation in this case: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a) shall be exchanged no later than _________________. 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this Order. 3. Discovery Limitations. Depositions shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. 4. Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena, shall be_________________. To ensure compliance with this deadline, the following rules shall apply: a. Written Discovery: All interrogatories, requests for production of document, and requests for admissions shall be served at least 45 days before the discovery deadline. b. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not extend the discovery deadlines set forth in this Order. 5. Expert Disclosures and Discovery. a. Plaintiff(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than______________. b. Defendant(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than_______________. c. Rebuttal expert disclosures, if any, shall be made no later than_______________. Rebuttal experts shall be limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than ______________. e. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify, but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the 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 - 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 will say at trial.1 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. The Court notes, however, that it usually permits parties to present opinions of their experts that were elicited by opposing counsel during depositions of the experts. Counsel should depose experts with this fact in mind. g. Each side shall be limited to one retained or specifically employed expert witness per issue. 6. Discovery Disputes. a. If a discovery dispute arises, the parties promptly shall call the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. The parties shall not file written discovery motions without leave of Court.2 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). 1 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures suffice. 2 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered correspondence with attachments. - 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 fact discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. 7. 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 court. c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not exceed ten pages in length, exclusive of exhibits. The parties should review Hunton v. Am. Zurich Ins. Co., No. CV-16-00539-PHX-DLR, 2018 WL 1182552, at *5 (D. Ariz. Mar. 7, 2018), before briefing summary judgment motions. d. The parties shall not notice oral argument on any motion. Instead, a party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion or response pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 8. Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than______________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 9. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly - 4 - unusual circumstances, extend the schedule in this case to accommodate settlement talks. 10. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 11. Pre-motion Conference. The Court will hold a conference with the parties before motions for summary judgment are filed. The purpose of the conference will be to narrow issues and focus the briefing, and perhaps dispense with statements of fact under Local Rule 56.1. The parties shall exchange two-page letters describing any anticipated motions for summary judgment and responses, identifying the issues and claims on which summary judgment will be sought and the basis for the motions and responses. The parties shall file these letters with the Court on or before________________, and shall call the Court the same day to schedule a time for a pre-motion conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

=== 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. This is an ERISA case. The Court enters the following Case Management Order to govern the litigation in this case: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a) do not apply in this case. Fed. R. Civ. P. 26(a)(1)(B)(i). 2. Production of Administrative Record. Defendant shall produce the administrative record to Plaintiff by _____________. Plaintiff may identify additional documents to be included in the administrative record by ______________. The parties shall reconcile and file a stipulated administrative record with the Court by _____________. 3. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is 60 days from the date of this Order. 4. Discovery Limitations. Although this is an ERISA case, the Court concludes that limited discovery is warranted. The Court’s rationale, and a discussion of 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 proper scope of discovery, can be found in Wilcox v. Metro. Life Ins. Co., No. CV 04- 0926 PHX-DGC, 2009 WL 57053 (D. Ariz. Jan. 8, 2009). The parties should look to Wilcox for guidance when addressing the proper scope of discovery in this case. Depositions will be limited to ___ hours. Each side may propound up to 20 interrogatories, including subparts, 15 requests for production of documents, including subparts, and 20 requests for admissions, include subparts. 5. Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena, shall be _______________. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, will not alter or extend the discovery deadline in this Order. 6. Expert Disclosures and Discovery. Expert witnesses will not be needed in this ERISA case. 7. Discovery Disputes. a. If a discovery dispute arises, the parties promptly shall call the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. The parties shall not file written discovery motions without leave of Court.1 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery. 1 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered correspondence with attachments. ‐ 2 ‐ 8. Merits Briefing. a. This matter will be resolved through merits briefing in lieu of Rule 56 motions. The briefing may address the Administrative Record and any extrinsic evidence Plaintiff considers relevant. Defendant may argue that the extrinsic evidence is not relevant or properly considered. The briefs should address the applicable standard of judicial review and the overall propriety of the underlying claim decision. The parties should follow the page limits for Rule 56 motions, but a LRCiv 56.1 statement of facts is not necessary. b. c. d. e. Plaintiff’s opening brief will be due on _________________. Defendant’s response will be due on __________________. Plaintiff’s reply will be due on __________________. The parties shall not notice oral argument. Instead, a party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the memorandum pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 9. Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than________________. 10. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly unusual circumstances, extend the schedule in this case to accommodate settlement talks. 11. Briefing Requirements. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 3 ‐

=== Case Management Order for Post 5/1/2017 Cases Subject to the MIDP ===

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 SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for_____________________. in Courtroom 603, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Case Management Conference, it is hereby ordered as follows: A. Rule 26(f) Meeting and Case Management Report. The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). At this meeting the parties shall develop a joint Case Management Report which contains the information called for in section B below. B. Mandatory Initial Discovery Pilot Project. The Court is participating in the Mandatory Initial Discovery Pilot Project (“MIDP”). The MIDP was approved by the Judicial Conference of the United States and has been implemented in this District by General Order 17-08. The MIDP applies to all civil cases filed on or after May 1, 2017, other than cases listed in Rule 26(a)(1)(B), 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 actions under the Private Securities Litigation Reform Act (“PSLRA”), and cases transferred for consolidated administration in this District by the Judicial Panel on Multidistrict Litigation. The discovery obligations in the MIDP supersede the disclosures required by Rule 26(a)(1) and are framed as court-ordered mandatory initial discovery. Unlike initial disclosures required by current Rule 26(a)(1)(A) & (C), the MIDP does not allow parties to opt out. Thus, if your case was filed after May 1, 2017, and does not fall within one of the exceptions identified above, you must comply with the discovery obligation of the MIDP. You should have received a notice regarding the pilot project when your case was filed or you were served, and you should already be complying with the MIDP. Resources related to the MIDP are available on the Court’s website at http://www.azd.uscourts.gov/attorneys/mandatory-initial-discovery-pilot. C. Joint Case Management Report. The parties’ Joint Case Management Report shall contain the following information in separately numbered paragraphs. 1. The parties who attended the Rule 26(f) meeting and assisted in developing the Case Management Report; 2. A list of the parties in the case, including any parent corporations or entities (for recusal purposes); 3. 4. A short statement of the nature of the case (3 pages or less); The jurisdictional basis for the case, describing the basis for jurisdiction (see the accompanying footnote) and citing specific jurisdictional statutes;1 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business, and (2) partnerships and limited liability companies are citizens of every state in which one of their partners or members resides. See 28 U.S.C. §1332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003). The parties are further reminded that the use of fictitious parties (“John Doe” or “ABC Corporation”) “casts no magical spell on a complaint otherwise lacking in diversity jurisdiction.” Fifty Assocs. v. Prudential Ins. ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Any parties which have not been served and an explanation of why they have not been served, and any parties which have been served but have not answered or otherwise appeared; 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings (the Court will set a deadline at the Case Management Conference for joining parties and amending pleadings); 7. A listing of contemplated motions and a statement of the issues to be decided by these motions (including motions under Federal Rules of Evidence 702, 703, 704, and 705); 8. Whether the case is suitable for reference to a United States Magistrate Judge for a settlement conference or trial; 9. The status of related cases pending before other courts or other judges of this Court; 10. A discussion of any issues relating to preservation, disclosure, or discovery of electronically stored information, including the parties’ preservation of electronically stored information and the form or forms in which it will be produced (see Rules 16(b)(3), 26(f)(3 ; 11. A discussion of any issues relating to claims of privilege or work product (see Rules 16(b)(3), 26(f)(3 ; 12. A discussion of whether an order under Federal Rule of Evidence 502(d) is warranted in this case; 13. A discussion of the parties’ compliance to date with the MIDP, whether any issues have arisen under the MIDP, and, if issues have a risen, a description of those issues so the Court may resolve them at the Rule 16 conference. If the Rule 26(f) joint report raises MIDP issues for the Court to resolve, copies of the parties’ MIDP disclosures should be attached to the report. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970) (citations omitted). ‐ 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 14. A discussion of necessary discovery. This discussion should take into account the December 1, 2015 amendments to Rule 26(b)(1), and should include: a. The extent, nature, and location of discovery anticipated by the parties 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 should consider whether a total number of depositions hours should be set in the case, such as 20 total hours for Plaintiffs and 20 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. 15. A statement of when the parties served their MIDP discovery responses; 16. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. A deadline for the completion of fact discovery, which will also be the deadline for final supplementation of discovery responses under the MIDP;2 b. Dates for full and complete expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(A)-(C); c. d. A deadline for completion of all expert depositions; A date by which the parties shall have engaged in face-to-face good faith settlement talks; 2 General Order 17-08 should be reviewed carefully. It requires parties to timely supplement their MIDP responses as new information is discovered. Parties who fail to timely disclose relevant information will be precluded from using it in the case and may be subject to other sanctions. Parties who unreasonably postpone disclosure of relevant information to the end of the discovery period will also be subject to sanctions. ‐ 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 e. A deadline for filing dispositive motions. 17. Whether a jury trial has been requested and whether the request for a jury trial is contested (if the request is contested, briefly set forth the reasons); 18. The prospects for settlement, including any request of the Court for assistance in settlement efforts; and 19. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and preparation of the joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Case Management Report. D. Case Management Order. The Court directs counsel and any unrepresented parties to Federal Rule of Civil Procedure 16 for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party, and any party that is not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. A continuance of the Case Management Conference will be granted only for good cause. As a result of the Case Management Conference, the Court will enter a Case Management Order. The form of the Court’s standard Case Management Order can be found on the Court’s website at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. The Court fully intends to enforce the deadlines in the Case Management Order. The parties should plan their litigation activities accordingly. E. Other Matters. The parties are expected to comply fully with the Federal and Local Rules of Civil Procedure and to minimize the expense of discovery. The parties should ensure that all ‐ 5 ‐ filings comply with Local Rules of Civil Procedure 7.1 and 7.2. In addition, in all filings, citations in support of any assertion in the text shall be included in the text, not in footnotes. The Clerk of the Court shall send copies of this order to all counsel of record and to any unrepresented parties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 6 ‐

=== Courtroom Protocol ===

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

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of Change of Plea and Admission Hearings, ) Admit/Deny Hearings on Petitions for ) Revocation of Probation, and Admit/Deny ) Hearings on Petitions for Revocation of ) Supervised Release. ) ORDER Pursuant to 28 U.S.C. § 636(b)(3), 18 U.S.C. § 3401(i), and LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: * * * * * Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Admissions to violations of Supervised Release or Probation Evidentiary revocation hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11, Fed.R.Crim.P. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. DATED this 17th day of July, 2014. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 -

=== Electronic/Video Courtroom Instructions ===

Electronic/Video Systems in Phoenix Courtrooms 302-305, 401, 501-506, 601-606 Sandra Day O’Connor U.S. Courthouse, District of Arizona Plan Ahead to Use the Equipment Contact the Phoenix A/V Technology staff, 25-30 days before your trial or hearing. They can be reached at [email protected] or 602-322-7160. 1. Make your A/V equipment requests known to the judge at the Rule 16 hearing or pretrial conference. 2. Come to the courthouse to practice using the equipment. Bring with you the actual documents, DVDs, laptop and/or physical evidence you plan to present. Familiarize Yourself with the List of Available Electronic/Video Equipment • Computer evidence inputs at lectern, attorney tables, and judge’s bench • Computer evidence input also at witness location in courtrooms 503, 505, 602 and 604 only • Computer monitors for viewing evidence from attorney tables, jury box, witness, gallery, lectern, judge, courtroom deputy, law clerk and court reporter • Document camera • Pointmaker annotation system at lectern and witness locations • Video monitor evidence and annotations capture to a disk file or printer • DVD player for VIDEO only – not for data DVDs or video CDs • Other audio/video hook-ups at the lectern for devices such as CD players, second computer and audio players • Audio conferencing system • Telephonic interpretation capabilities – in addition to courtroom interpreters • Video conferencing capabilities • Wireless real-time transcription capabilities (contact court reporter for information) Be Prepared to Present Evidence • Be prepared to set your computer to a 60 Hz refresh rate. • Be prepared to set your computer to a resolution of 1024x768 or lower. • Be prepared to enter the correct commands (often a function key) on your computer to send the video out of the VGA port to the external display or using your HDMI port. • VGA male and 3.5 mm stereo male audio cables are available in all courtrooms at the lectern position. • HDMI cables for video and audio are only available in courtrooms 503, 505, 602 and 604. • You are responsible for providing any cable adapters that may be required to connect to • the VGA or HDMI cable. For example, to display evidence from an iPad, you must provide an iPad-to-VGA or iPad-to-HDMI adapter. If your equipment outputs video and/or audio on some other type of connection besides what is mentioned immediately above, you will be required to bring your own conversion hardware.

=== Guidelines for Jury Instructions in Civil 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 GUIDELINES FOR JURY INSTRUCTIONS IN CIVIL CASES Senior Judge David G. Campbell The parties shall submit a joint list of proposed jury instructions. The list shall contain three sections: Ninth Circuit model instructions, stipulated non-model instructions, and non-model instructions to which the parties have not stipulated. I. Section I shall contain Ninth Circuit Model Civil Jury Instructions Used by All Arizona Judges as found at www.azd.uscourts.gov under Judicial Officer Information. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (stipulated). If the instruction is requested by only one party, the instruction shall be preceded by either “PL” (Plaintiff) or “DF” (Defendant).1 For example: ST PL DF § 3.1 § 3.3 § 3.7 Duties of Jury to Find Facts and Follow Law What is Not Evidence Direct and Circumstantial Evidence The parties shall include the full text of all model instructions in the joint pleading. The parties should modify the model instructions to fit the facts and legal issues in the case. II. III. Section II shall contain any non-model instructions to which the parties have stipulated. Section III shall contain any non-model instructions to which the parties have not stipulated (numbered consecutively), with citation to authority to support the requested instruction. Any objection to the requested instruction shall be stated immediately following the requested instruction. If the objecting party proposes an alternative instruction, such alternative instruction shall immediately follow the objection. For example: Plaintiff’s proposed non-model instruction; Defendant’s objection to Plaintiff’s proposed instruction; Defendant’s proposed alternative instruction, if any; and Plaintiff’s objection to Defendant’s proposed alternative instruction. Each proposed instruction shall begin on a new page 1 If multiple defendants, identify which defendant is requesting the instruction.

=== Joint Proposed Final Pretrial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. Plaintiff, [PROPOSED] FINAL PRETRIAL ORDER Defendant. , v. , The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ______________________, at ____ . A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION. 1. Cite the statute(s) which gives this Court jurisdiction (e.g., jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332). 2. State whether jurisdiction is or is not disputed. If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 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: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Defendant Contends: 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff's suit is barred by the doctrine of laches. Plaintiff Contends: Defendant Contends: E. LIST OF WITNESSES Each party shall separately list the names of witnesses, their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (a) witnesses who shall be called at trial; (b) witnesses who may be called at trial; and (c) witnesses who are unlikely to be called at trial. Additionally, the parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of 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 witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because . . . (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because . . . (the objection must specify why the exhibit is not relevant or material. If there are more than 20 exhibits, the parties shall submit their exhibit lists in writing, five days before trial, in a format to be designated by the Court at the Final Pretrial Conference, in Word by email to [email protected]. 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be 3 read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting (each party should use a different color). The parties shall include the following text in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. MOTIONS IN LIMINE (JURY TRIAL) Motions in limine shall be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. I. LIST OF PENDING MOTIONS List all pending motions. J. PROCEDURES FOR EXPEDITING TRIAL The parties shall discuss and report on all available procedures that might be used to expedite trial, including but not limited to (a) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary exhibits in place of voluminous documentary evidence; (d) stipulations on authenticity and foundation; (e) presenting direct expert testimony through summary or written reports; (f) using the courtroom technology to expedite the presentation of evidence. The parties are invited to contact ______________ at 602-322-_____ 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 (1) Judges’ Info, (2) Judges’ Orders, Forms & Procedures, and (3) Courtroom Technology. 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 K. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case ____ hours for Defendant(s) case ____ hours for rebuttal L. JURY DEMAND State whether a jury trial has or has not been requested. If a jury trial has been requested, indicate the appropriate selection: 1. 2. The parties stipulate that the request was timely and properly made; The Plaintiff/Defendant contends that the request was untimely made because . . . (explain why request was untimely); or 3. The Plaintiff/Defendant contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because . . . (indicate the legal basis for why a jury trial is improper). M. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS Proposed Findings of Fact and Conclusions of Law shall be lodged by each party as a separate pleading in accordance with the instructions contained in the Order Setting Final Pretrial Conference. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The separately lodged Proposed Findings of Fact and Conclusions of Law are incorporated by reference into this joint Proposed Final Pretrial Order.” N. JOINT PROPOSED JURY INSTRUCTIONS, JOINT PROPOSED VOIR DIRE QUESTIONS, AND PROPOSED FORMS OF VERDICT FOR JURY TRIALS The joint proposed jury instructions, joint proposed voir dire questions, and joint proposed verdict forms shall be filed in accordance with the instructions contained in the Order Setting Final Pretrial Conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 O. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. 2. 3. All discovery has been completed; The identity of each witness has been disclosed to opposing counsel; Each exhibit listed herein: (1) is in existence; (2) is numbered; and (3) 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 Final Pretrial Conference; 5. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary); 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court.” P. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a “Notice to Court Reporter” one week before trial containing the following information that may be used at trial: 1. 2. 3. 4. 5. 6. Proper names, including those of witnesses; Acronyms; Geographic locations; Technical (including medical) terms, names or jargon; Case names and citations; Pronunciation of unusual or difficult words or names. Please also send (or transmit electronically) to the court reporter a copy of the concordance from key depositions. 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 __________________________________ _________________________________ Attorney for Plaintiff(s) Attorney for Defendant(s) Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

=== Order Setting Final Pretrial Conference ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. ORDER Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on ______________ in Courtroom 603, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Final Pretrial Conference, it is hereby Ordered: 1. The attorneys who will be responsible for the trial of the case shall attend the Final Pretrial Conference. 2. The parties jointly shall prepare a Proposed Final Pretrial Order and shall lodge it with the Court no later than 4:00 p.m. on (3 business days prior). Preparation and lodging of the Proposed Final Pretrial Order in accordance with the requirements of this Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. The parties shall submit a copy of the Proposed Final Pretrial Order to the Court in Word format to [email protected]. 3. The Proposed Final Pretrial Order shall include the information prescribed in the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under: (1) Judges’ Information, (2) Orders, Forms and Procedures, and (3) David G. Campbell. Information shall not be set forth in the form of a question, but shall be presented in concise narrative statements. 4. The Court will not allow the parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance with the provisions of this Order and the Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to prevent manifest injustice. Objections to witnesses and documents should also be listed. 5. The parties shall exchange drafts of the Proposed Final Pretrial Order no later than 14 days before the submission deadline. The Plaintiff(s) shall have the burden of initiating communications concerning the Proposed Final Pretrial Order. 6. The parties shall (a) number and mark exhibits in accordance with the instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures (such numbers shall correspond to exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and exchange marked copies of all exhibits to be used at trial no later than 14 days before the submission deadline for the Proposed Final Pretrial Order (any exhibit not marked and exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits while meeting to exchange exhibits. 7. The parties shall file and serve all motions in limine no later than ______(3 weeks prior). Responses to motions in limine shall be filed on or before ______2 weeks prior)_________. Each motion in limine shall include proposed language for the order in limine being sought from the Court, and the proposed language shall state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. The motions and responses must be concise and shall not exceed three (3) pages in length. No replies shall be filed. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. 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 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. If this case will be tried to a jury, the parties shall complete the following tasks by the time of the lodging of the Proposed Final Pretrial Order: (a) The parties shall file a stipulated description of the case to be read to the jury. (b) The parties shall jointly file a proposed set of voir dire questions. The voir dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed questions. If the parties have any disagreement about a particular question, they shall state the reason for their objection below the question. The parties shall also provide, for the purposes of voir dire, a joint master list of the names of every witness who may be called at trial. (c) The parties shall file proposed jury instructions in accordance with "Guidelines for Jury Instructions in Civil Cases" found at www.azd.uscourts.gov under: (1) Judges and Courtrooms, (2) Orders, Forms and Procedures, and (3) David G. Campbell. (d) Each party shall file a proposed form of verdict, including any proposed special verdict forms or juror interrogatories. (e) The joint statement of the case, proposed voir dire questions, proposed jury instructions, and forms of verdict shall be submitted in Word format either by email to [email protected]. 9. If the case will be tried to the Court, each party shall lodge proposed findings of fact and conclusions of law with the Proposed Final Pretrial Order. The proposed findings of fact and conclusions of law shall also be submitted in Word format to [email protected]. 10. In order to facilitate the creation of an accurate record, the parties shall file a "Notice to Court Reporter" one week before trial containing the following information that may be used at trial: (a) Proper names, including those of witnesses. (b) Acronyms. - 3 - (c) Geographic locations. (d) (e) (f) Technical (including medical) terms, names or jargon. Case names and citations. Pronunciation of unusual or difficult words or names. 11. The parties shall be prepared to advise the Court at the Final Pretrial Conference of the status of settlement discussions. Should settlement be reached at any time, the parties promptly shall file a Notice of Settlement with the Clerk of the Court. 12. Counsel shall review Judge Campbell's statement of Trial Conduct and Decorum before the Final Pretrial Conference. A copy can be found on the Court's website at www.azd.uscourts.gov under: (1) Judges and Courtrooms, (2) Orders, Forms and Procedures, and (3) David G. Campbell. 13. Full and complete compliance with this Order shall be required by the 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 - 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, No. CR- v. , Plaintiff, Defendant. ORDER SETTING FINAL PRETRIAL CONFERENCE (CRIMINAL) A Final Pretrial Conference has been set for IT IS ORDERED that the parties shall file with the Clerk of the Court the following documents five (5) business days before the Final Pretrial Conference1: (1) (2) (3) (4) (5) Joint statement of the case, Joint witness list, Joint voir dire questions, Joint jury instructions (see attached instructions), Joint verdict form, (6) Motions in limine, (7) Any other pretrial motions. 1 A copy of the documents shall be delivered to the Court and shall be three-hole punched on the left side of the page. Responses to motions in limine and other pretrial motions shall be filed with the Clerk of the Court three (3) business days before the Final Pretrial Conference. No Replies shall be filed. IT IS FURTHER ORDERED that the attorneys who will be responsible for the trial, as well as the Defendant, shall attend the Final Pretrial Conference. Counsel shall bring their calendars so that trial scheduling can be discussed. Counsel shall be prepared to discuss each of the items set forth above, as well as the following: (8) Trial schedule, (9) Voir dire procedures, (10) Number of witnesses, (11) Number of exhibits, (12) Marking of exhibits and copies for the court, (13) Special equipment needs, (14) Need for an interpreter. IT IS FURTHER ORDERED that the parties shall submit their proposed voir dire questions, joint statement of the case, and jury instructions Word format by email to [email protected]. IT IS FURTHER ORDERED that in order to facilitate the creation of an accurate record, the parties shall file a "Notice to Court Reporter" five (5) business days before trial containing the following information that may be used at trial: (a) Proper names, including those of witnesses. (b) Acronyms. (c) Geographic locations. (d) (e) (f) Technical (including medical) terms, names or jargon. Case names and citations. Pronunciation of unusual or difficult words or names. 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 - IT IS FURTHER ORDERED that the parties shall promptly notify the Court if settlement is reached. IT IS FURTHER ORDERED that counsel shall review Judge Campbell's statement of Trial Conduct and Decorum before the Final Pretrial Conference. A copy can be found on the Court's website at www.azd.uscourts.gov under Judges’ Information, then, Orders, Forms and Procedures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties shall submit a joint list of proposed jury instructions. The list shall contain four sections. I. Section I shall contain model instructions. If an instruction is requested by both parties, the instruction shall be preceded by AST@ (stipulated). If the instruction is requested by only one party, the instruction shall be preceded by either APL@ (Plaintiff) or ADF@ (Defendant).2 For example: EXAMPLE OF MODEL INSTRUCTIONS: ST ST DF DF ST PL DF ST ST ST DF DF PL ' 3.1 Duties of Jury to Find Facts and Follow Law ' 3.2 Charges Against Defendant Not Evidence - Presumption of Innocence ' 3.3 Defendant=s Decision Not to Testify ' 3.4 Defendant=s Decision to Testify ' 3.5 Reasonable Doubt - Defined ' 3.6 What is Evidence ' 3.7 What is Not Evidence ' 3.8 ' 3.9 Credibility of Witnesses ' 3.10 Evidence of Other Acts of Defendant or Acts and Statements of Direct and Circumstantial Evidence Others ' 3.11 Activities Not Charges ' 3.12 Separate Consideration of Multiple Counts ' 3.17 Intent to Defraud - Defined II. III. IV. Section II shall contain any non-model instructions to which the parties have stipulated. Section III shall contain any non-model instructions requested by Plaintiff (numbered consecutively). Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and Plaintiff=s authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant=s objection. Section IV shall contain any non-model instructions requested by Defendant (numbered consecutively). Defendant shall include citation to authority to support the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant=s authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff=s objection. 2 If multiple Defendants, identify which Defendant. - 4 -

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendants. No. CV PHX DGC ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for_____________________ in Courtroom 603, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Case Management Conference, it is hereby ordered as follows: A. Rule 26(f) Meeting and Case Management Report. The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). At this meeting the parties shall develop a joint Case Management Report which contains the information called for in section B below. B. Joint Case Management Report. The parties’ Joint Case Management Report shall contain the following information in separately numbered paragraphs. 1. The parties who attended the Rule 26(f) meeting and assisted in developing the Case Management Report; 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. A list of the parties in the case, including any parent corporations or entities (for recusal purposes); 3. 4. A short statement of the nature of the case (3 pages or less); The jurisdictional basis for the case, describing the basis for jurisdiction (see the accompanying footnote) and citing specific jurisdictional statutes;1 5. Any parties which have not been served and an explanation of why they have not been served, and any parties which have been served but have not answered or otherwise appeared; 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings (the Court will set a deadline after the Case Management Conference to join parties or amend pleadings); 7. A listing of contemplated motions and a statement of the issues to be decided by these motions (including motions under Federal Rules of Evidence 702, 703, 704, and 705); 8. Whether the case is suitable for reference to a United States Magistrate Judge for a settlement conference or trial; 9. The status of related cases pending before other courts or other judges of this Court; 10. A discussion of any issues relating to disclosure or discovery of electronically stored information, including the parties’ preservation of electronically 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business, and (2) partnerships and limited liability companies are citizens of every state in which one of their partners or members resides. See 28 U.S.C. §1332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003). The parties are further reminded that the use of fictitious parties (“John Doe” or “ABC Corporation”) “casts no magical spell on a complaint otherwise lacking in diversity jurisdiction.” Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970) (citations omitted). ‐ 2 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 stored information and the form or forms in which it will be produced (see Rules 16(b)(3), 26(f)(3 ; 11. A discussion of any issues relating to claims of privilege or work product (see Rules 16(b)(3), 26(f)(3 ; 12. A discussion of whether an order under Federal Rule of Evidence 502(d) is warranted in this case; 13. A discussion of necessary discovery, including: a. The extent, nature, and location of discovery anticipated by the parties; b. Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure; c. The number of hours permitted for each deposition. The parties should also consider whether a total number of depositions hours should be set in the case, such as 40 total hours for Plaintiffs and 40 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. If a total hours limit is set, there will be no limit on the number of witnesses who may be deposed. 14. A statement of when the parties exchanged or will exchange Federal Rule of Civil Procedure 26(a) initial disclosures; 15. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. A deadline for the completion of fact discovery;2 2 The discovery deadline is the date by which all discovery must be completed. Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by this deadline, including time to resolve discovery disputes. ‐ 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 b. Dates for full and complete expert disclosures under Federal Rule of Civil Procedure 26(a)(2)(A)-(C); c. d. A deadline for completion of all expert depositions; A date by which the parties shall have engaged in face-to-face good faith settlement talks; e. A deadline for filing dispositive motions. 16. Whether a jury trial has been requested and whether the request for a jury trial is contested (if the request is contested, briefly set forth the reasons); 17. The prospects for settlement, including any request of the Court for assistance in settlement efforts; and 18. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and preparation of the joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Case Management Report. C. Case Management Order. The Court directs counsel and any unrepresented parties to Federal Rule of Civil Procedure 16 for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party, and any party that is not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. A continuance of the Case Management Conference will be granted only for good cause. During or after the Case Management Conference the Court will enter a Case Management Order. The form of the Court’s standard Case Management Order can be found on the Court’s website at www.azd.uscourts.gov under Judges and Courtrooms and ‐ 4 ‐ Orders, Forms and Procedures. The Court fully intends to enforce the deadlines in the Case Management Order. The parties should plan their litigation activities accordingly. D. Other Matters. The parties are expected to comply fully with the Federal and Local Rules of Civil Procedure and to minimize the expense of discovery if they do not elect an expedited trial. The parties should ensure that all filings comply with Local Rules of Civil Procedure 7.1 and 7.2. The Clerk of the Court shall send copies of this order to all counsel of record and to any unrepresented parties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 5 ‐

=== Trial Conduct and Decorum ===

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