Case Management Order; Guidelines for Jury Instructions in Civil Matters; Order Setting Final Pretrial Conference; Order Setting Rule 16 Case Management Conference; Proposed Final Pretrial Order for Bench Trial; Proposed Final Pretrial Order for Jury Trial; Standard Voir Dire in Civil Matters; Trial

=== 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 No. CV-**-*****-PHX-ASB vs. CASE MANAGEMENT ORDER , Plaintiff(s), , Defendant(s). On Month, Day, Year, a Case Management Conference was held pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. The parties met before the conference in accordance with Rule 26(f) and prepared a joint case management report. On the basis of the Case Management Conference and the joint report, the Court enters the following Case Management Order to govern the litigation in this case. IT IS HEREBY ORDERED: I. RULES All parties must abide by the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure (“LRCiv” or “Local Rules”), Rules of Practice of the U.S. District Court for the District of Arizona.1 To the extent that the Federal Rules of Civil Procedure differ from the Local Rules, the Federal Rules of Civil Procedure shall govern. 1 Federal Rules are available at: http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf The Local Rules are available at: http://www.azd.uscourts.gov/local-rules, and 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 II. JOINING PARTIES AND AMENDING PLEADINGS The deadline for joining parties, amending pleadings, and filing supplemental pleadings is sixty (60) days from the date of this Order. III. DISCOVERY A. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a), if not already exchanged, shall be exchanged no later than Month, Day, Year. The parties shall file with the Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual disclosures. B. 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. C. Discovery Limitations. Depositions in this case shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. The limitations set forth in this paragraph may be increased by mutual agreement of the parties, but such an increase will not result in an extension of the discovery deadlines set forth below. D. Deadline for Completion of Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena, shall be Month, Day, Year. To ensure compliance with this deadline, the following rules shall apply: 1. Depositions: All depositions shall be scheduled to commence at least five business days prior to the discovery deadline. A deposition commenced five days prior to the deadline may continue up until the deadline, as necessary. 2. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the discovery deadline. 3. The parties may mutually agree, without Court approval, to extend 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 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. E. Deadlines for Disclosure of Experts and Completion of Expert Discovery. 1. 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 Month, Day, Year. 2. 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 Month, Day, Year. 3. Rebuttal expert disclosures, if any, shall be made no later than Month, Day, Year. Rebuttal experts shall be limited to responding to opinions stated by initial experts. 4. Expert depositions shall be completed no later than Month, Day, Year. As with fact witness depositions, expert depositions shall be scheduled to commence at least five business days before the deadline. 5. 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 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 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 6. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports disclosed under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent truly extraordinary circumstances, parties will not be permitted to supplement their expert reports after these dates. 7. Each side shall be limited to one retained or specially employed expert witness per issue. F. Discovery Disputes. 1. If a discovery dispute arises, the parties shall provide a Joint Notice of Discovery Dispute via email to [email protected] and file same. The Joint Notice shall be no more than two pages per side and contain no attachments. A courtesy call to chambers notifying the Court of the dispute is also appreciated. The Court will seek to promptly set a telephonic conference and resolve the dispute at the conference by entering appropriate orders. The Court may order additional written briefing if deemed necessary. The parties may not file written discovery motions without leave of Court.3 2. The 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 Rule 7.2(j) of the Local Rules of Civil Procedure (“LRCiv” or “Local Rules”), Rules of Practice for the U.S. District Court for the District of Arizona. Any briefing ordered by the Court must comply with LRCiv 7.2(j). which prohibits the parties from filing discovery motions without first seeking to resolve the matter through personal consultation and sincere efforts. If the parties cannot reach a resolution, they may file a motion. Motions, responses, and replies shall not exceed six pages each. 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 This prohibition on “written discovery motions” includes any written materials delivered to the Court, including “correspondence” with attachments, exclusive of the Joint Notice of Discovery Dispute. 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. 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. IV. MOTIONS A. Dispositive Motions. 1. Dispositive motions shall be filed no later than Month, Day, Year. Such motions must comply in all respects with the Federal Rules of Civil Procedure and the Local Rules. 2. No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained by motion to the Court. 3. Statements of fact required by LRCiv 56.1 shall not exceed ten (10) pages in length, exclusive of exhibits. The parties should review Hunton v. Am. Zurich Ins. Co., 2018 WL 1182552, at *2-5 (D. Ariz. Mar. 7, 2018), before briefing summary judgment motions. B. Motions Generally. 1. No party shall file a document that contains more than one motion. No party shall file a response or reply that pertains to more than one motion. A document that fails to comply with this requirement may be stricken by the Court. 2. Failure to respond to a motion within the time periods provided in LRCiv 7.2 will be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily pursuant to LRCiv 7.2(i). 3. All parties are specifically admonished that “[i]f 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.” LRCiv 7.2 (emphasis added). 4. All memoranda filed with the Court must comply with LRCiv 7.1(b), 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 including the 13-point font requirement and proposed forms of order. 5. Citations in support of any assertion in the text must be included in the text, rather than in the footnotes. 6. Pursuant to LRCiv 7.2(f), a party requesting an oral argument on any motion shall place the words “Oral Argument Requested” immediately below the title of the motion or the response to the motion. The Court will issue an order scheduling oral argument as it deems appropriate.4 V. SETTLEMENT DISCUSSIONS All parties and their counsel shall meet in person and engage in good faith settlement talks no later than Month, Day, Year. Upon completion of such settlement talks, and in no event later than five (5) calendar 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. VI. FINAL PRETRIAL CONFERENCE If no dispositive motions are pending before the Court after the dispositive motion deadline has passed, Plaintiff(s) shall file and serve a Notice of Readiness for Final Pretrial Conference within seven (7) days of the dispositive motion deadline. If a dispositive motion is pending before the Court following the dispositive motion deadline, Plaintiff(s) shall file and serve a Notice of Readiness for Final Pretrial Conference within seven (7) days of the resolution of the dispositive motion. Following the filing of the Notice, the Court will issue an Order Setting Final Pretrial Conference that: (1) sets deadlines for 4 The Court encourages the litigants to be mindful of opportunities for newer lawyers to conduct hearings before the Court, particularly in instances where the newer lawyer drafted or significantly contributed to the underlying motion or response. 6 briefing motions in limine; (2) includes a form for the completion of the parties’ joint proposed Final Pretrial Order; and (3) otherwise instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. NOTICE The parties are advised that the Court intends to enforce the deadlines and guidelines set forth in this Order, and they should plan their litigation activities accordingly. The Court emphasizes that it has a strict policy not to extend the dispositive motion deadline beyond the two-year anniversary of the date of commencement of an action. Even if all parties stipulate to an extension, the Court will not extend the deadlines absent good cause to do so. As a general matter, the pendency of settlement discussions or the desire to schedule mediation does not constitute good cause. 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

=== Guidelines for Jury Instructions in Civil Matters ===

GUIDELINES FOR JURY INSTRUCTIONS IN CIVIL CASES U.S. Magistrate Judge Alison S. Bachus The parties shall submit a joint list of proposed jury instructions via email to [email protected] and the parties shall file their Joint Proposed Jury Instructions in the same, list format. The list shall contain four sections: I. Section I shall contain Ninth Circuit Model Civil Jury Instructions Used by All Arizona Judges as found at www.azd.uscourts.gov under Judges’ Info  Judges’ Orders, Forms & Procedures  All Judges. 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” (Defendant1). For example: ST § 3.1 Duty to Deliberate ST § 3.2 Consideration of Evidence – Conduct of the Jury DF § 3.3 Communication with the Court DF § 3.4 Readback or Playback ST § 3.5 Return of Verdict PL § 3.6 Additional Instructions of Law The parties shall include the full text of all model instructions both in the email and in the joint pleading. II. Section II shall contain any non-model instructions to which the parties have stipulated. III. Section III shall contain any non-model instructions requested by Plaintiff (numbered consecutively). Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and Plaintiff’s authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant’s objection. IV. Section IV shall contain any non-model instructions requested by Defendant (numbered consecutively). Defendant shall include citation to authority to support the 1 If there are multiple defendants, identify which defendant. 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. Additional Requirements:  Each proposed instruction shall begin on a new page.  The parties should note that absent a showing of good cause, the failure to submit a proposed instruction or make an objection in the joint pleading by the deadline set forth in the Order Setting Final Pretrial Conference shall result in the instruction being refused or the objection being deemed waived.

=== Order Setting Final Pretrial Conference ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , No. Plaintiffs, v. ORDER SETTING FINAL PRETRIAL CONFERENCE , Defendants. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court enters the following Order. IT IS ORDERED as follows: I. FINAL PRETRIAL CONFERENCE A Final Pretrial Conference is set for Month Day, Year, before the Honorable Alison S. Bachus, United States Magistrate Judge, in Courtroom ___, Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. 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 Final Pretrial Conference. The parties shall bring their calendars in preparation to discuss trial scheduling. II. JOINT PROPOSED FINAL PRETRIAL ORDER The parties shall develop and exchange drafts of the Joint Proposed Final Pretrial Order no later than fourteen (14) calendar days before the submission deadline. 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 Joint Proposed Final Pretrial Order shall include, but not be limited to, the content prescribed in the Court’s Joint Proposed Pretrial Order found on the Court’s website at www.azd.uscourts.gov, under Judges’ Info → Judges’ Orders, Forms & Procedures → Bachus, Alison S. The parties shall jointly lodge the Joint Proposed Final Pretrial Order with the Clerk of Court no later than [2 weeks before FPTC date].1 The parties shall also email the Joint Proposed Final Pretrial Order to [email protected] in Microsoft Word format. III. JURY TRIAL PLEADINGS If the case is to be tried by jury, contemporaneously with the filing of the Joint Proposed Final Pretrial Order, the parties shall also jointly file with the Clerk of Court, and email to [email protected] in Microsoft Word format, each of the following: 1. Joint Stipulated Description of the Case The parties shall jointly file as a separate pleading a stipulated description of the case to be read to the jury. If the parties have any disagreement about the statement, the party objecting shall state the reason for its objection below the statement and offer an alternative statement. 2. Joint Proposed Voir Dire Questions and Lists The parties shall jointly file as a separate pleading Joint Proposed Voir Dire. The Court’s standard voir dire questions in civil matters can be found on the Court’s website, www.azd.uscourts.gov, under Judges’ Info → Judges’ Orders, Forms & Procedures → Bachus, Alison S. Additional questions proposed by the parties shall be drafted in a neutral manner. To the extent possible, the parties shall stipulate to the proposed voir dire questions. If the parties have any disagreement about a particular question, the party 1 Preparation and lodging of the Joint Proposed Final Pretrial Order and Trial Pleadings 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. 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 objecting shall state the reason for its objection below the question. In the section entitled “Witnesses and Third Parties” the parties shall list the name of every witness who may be called at trial. The parties shall also list the name of any third party materially relevant to this case (but who will not be called as a witness) whose relationship with a juror could affect their ability to serve fairly and impartially. 3. Joint Proposed Jury Instructions The parties shall jointly file as a separate pleading Joint Proposed Jury Instructions using the Court’s Guidelines for Jury Instructions in Civil Cases, which may be found at www.azd.uscourts.gov, Judges’ Info → Judges’ Orders, Forms & Procedures → Bachus, Alison S. Absent a showing of good cause, the failure to: (1) submit a proposed instruction; (2) follow the Court’s directions; or (3) make a timely objection as provided by this Order shall result in the instruction being refused or the objection being deemed waived. 4. Joint Proposed Forms of Verdict The parties shall file as a separate pleading Joint Proposed Forms of Verdict. The proposed form of verdicts to be given to the jury at the end of the trial shall include any proposed special verdict forms or juror interrogatories. If the parties have any disagreement about the form of verdict, the party objecting shall state the reason for its objection below the proposed verdict and offer an alternative verdict. IV. BENCH TRIAL PLEADINGS Proposed Findings of Fact and Conclusions of Law. If the case is to be tried by the Court (Bench Trial), contemporaneously with the filing of the Joint Proposed Final Pretrial Order, each party shall file with the Clerk of Court Proposed Findings of Fact and Conclusions of Law. The parties shall also email the Proposed Findings of Fact and Conclusions of Law to [email protected] in Microsoft Word format. V. MOTIONS IN LIMINE If the case is to be tried by jury, the parties shall file and serve all motions in limine no later than fourteen (14) calendar days prior to the Final Pretrial Conference. 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 Responses to motions in limine are due no later than seven (7) calendar days prior to the Final Pretrial Conference. Unless prior leave of Court is obtained for good cause shown, no party shall file more than five (5) motions in limine. The motions and responses must be concise and shall not exceed three (3) pages in length. No replies shall be filed. Each motion in limine shall include the legal basis supporting it and the proposed language for the order in limine being sought from the Court. The parties are reminded that the purpose of motions 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). “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). 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 parties shall be prepared to argue the merits of such motions at the Final Pretrial Conference. VI. EXHIBITS No later than fourteen (14) calendar days before the submission deadline for the Joint Proposed Final Pretrial Order, the parties shall meet in person and exchange marked copies of all exhibits to be used at trial. While meeting to exchange exhibits, the parties shall eliminate any duplicate exhibits. The numbering of the exhibits as listed in the Joint Proposed Final Pretrial Order shall correspond to the numbering of the exhibits at trial. Any exhibit not marked and exchanged at this meeting shall be precluded at trial.2 Exhibits shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. Impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial (not the day a witness testifies). A courtesy copy of the exhibits shall be provided to the Court at the time of the delivery of the trial exhibits. The parties shall 2 The parties shall be permitted to use Microsoft PowerPoint presentations during their openings statements and closing arguments. Presentations must be disclosed to the opposing party no later than 24 hours prior to its use. 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 mark, list, and deliver exhibits in the manner discussed at the Final Pretrial Conference. During trial, the parties shall advise the Courtroom Deputy in advance (preferably in writing) which exhibits will be needed for each witness. All exhibits shall be shown to opposing counsel before being offered. VII. DEPOSITIONS Portions of depositions to be used at trial shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. The parties may coordinate delivery by emailing chambers at [email protected]. The portions of depositions to be read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting (each party should use a different color). VIII. EXHIBIT AND WITNESS LISTS Exhibit and Witness Lists shall be filed no later than five (5) business days prior to trial. Forms for those lists and instructions for marking exhibits may be found on the Court’s website, www.azd.uscourts.gov, under Judges’ Info → Judges’ Orders, Forms & Procedures → Standard Forms Used By All Phoenix Judges. No other forms may be used and the instructions shall be strictly followed. Both lists must also be submitted in Microsoft Word format by email to [email protected] no later than (5) business days before trial. IX. INFORMATION FOR THE COURT REPORTER A “Joint Notice to Court Reporter” shall be filed no later than five (5) business days prior to trial. The Notice shall contain the following information: 1. Trial Terms and Names: a. Proper names, including those of witnesses; b. Acronyms; 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 c. Geographic locations; d. Technical (including medical) terms, names or jargon; e. Case names and citations; and f. Pronunciation of unusual or difficult words or names; 2. Feed and Transcript: Whether either party requests a real-time feed and/or daily transcript of trial proceedings; and 3. Deposition(s): Concordance from key depositions. Counsel/parties shall 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. X. SETTLEMENT The parties shall keep the Court informed of the possibility of settlement and, should settlement be reached, the parties shall promptly present a Stipulation and Order of Dismissal for signature by the Court. Mere submission of a Notice of Settlement or notification by phone or email of settlement shall not suffice to vacate the trial date, nor excuse the parties from being ready and able to proceed with trial at the time and on the date set for trial. Filing a Notice of Settlement shall not prevent the assessment of jury fees notwithstanding Local Rule of Civil Procedure 40.2(c). XI. TRIAL CONDUCT AND DECORUM All parties and counsel shall read and abide by the Court’s rules regarding trial conduct and decorum, which may be found on the Court’s website at www.azd.uscourts.gov, under Judges’ Info → Judges’ Orders, Forms & Procedures → Bachus, Alison S. ADVISAL BY THE COURT Pursuant to Rule 37(c) of the Federal Rules of Civil Procedure, the Court will not allow the parties to offer an exhibit, a witness, or other information at trial that was not: (1) disclosed in accordance with the provisions of this Order; (2) disclosed in accordance with the provisions of the Federal Rules of Civil Procedure; and (3) listed in the Joint Proposed Final Pretrial Order, unless the offering party can show good cause as to why 6 such party failed to comply with these requirements. 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 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 , Plaintiff(s), No. CV- -PHX-ASB ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE vs. , Defendant(s). Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for ________, before United States Magistrate Judge Alison S. Bachus, in Courtroom _____, Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. In preparation for this Case Management Conference, IT IS ORDERED as follows: INITIAL DISCLOSURES The parties shall provide initial disclosures in the form and on the schedule required by Federal Rule of Civil Procedure 26(a)(1). The parties shall file with the Clerk of the Court a Notice of Initial Disclosure; copies of the actual disclosures need not be filed. RULE 26(f) MEETING AND CASE MANAGEMENT REPORT The parties are directed to meet and confer at least fourteen (14) days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f)(1). At this Rule 26(f) Meeting, the parties shall develop a joint Case Management Report and jointly file it with the Clerk of the Court not less than seven (7) days before the Case 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Management Conference. The 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 short statement of the nature of the case (3 pages or less), including a description of each claim and defense; 3. 4. A description of the principal factual and legal disputes in the case; The jurisdictional basis for the case, describing the basis for jurisdiction 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 of not later than 90 days 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. The status of related cases pending before other courts or other judges of this Court; 9. A statement of when the parties exchanged (or will exchange) Federal Rule of Civil Procedure 26(a) initial disclosures; 1 If jurisdiction is based on diversity of citizenship, the report must include a statement of the citizenship of every party and the amount in dispute. See 28 U.S.C. § 1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business, and (2) partnerships and limited liability companies are citizens of every state in which one of their members or partners resides. See 28 U.S.C. § 1332(c); Indus. Tectonics v. Aero Alloy, 912 F. 2d 1090, 1092 (9th Cir. 1990). In addition, the parties reminded that the use of fictitious parties (e.g., “John Doe,” “ABC Corporation,” or “XYZ Partnership”) “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 10. A discussion of necessary discovery, including: 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 and Rule 16.2 of the Local Rules of Civil Procedure for the United States District Court for the District of Arizona (“LRCiv”); c. The number of hours permitted for each deposition, unless extended by agreement of the parties. The parties are encouraged to consider whether a total number of deposition hours should be set in the case (e.g., 30 total hours for Plaintiffs and 30 total hours for Defendants). Such limits provide an incentive for all parties to be efficient in each deposition and focus the parties on allocation of time among the witnesses depending on their respective importance and complexity of issues relative to this matter; d. Any issues related to the preservation, disclosure, or discovery of electronically stored information, including the form or forms in which it should be produced (see Rules 16(b)(3), 26(f)(3)(C); e. Any issues related to claims of privilege or work-product (see Rules 16(b)(3), 26(f)(3)(D), and whether an order under Federal Rule of Evidence 502(d) is warranted. 11. Proposed specific dates for each of the following (deadlines should fall on a Friday unless impracticable): a. A deadline for the completion of 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. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline. 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 disclosures of expert disclosures under Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure; c. A deadline for completion of all expert depositions; d. A deadline for filing dispositive motions; e. A date by which the parties shall have engaged in face-to-face good faith settlement talks. 12. 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); 13. 14. The estimated length of trial and any suggestions for shortening the trial; The prospects for settlement, including any request of the Court for assistance in settlement efforts, such as a request that the matter be referred to another magistrate judge for a settlement conference; and 15. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. 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. CASE MANAGEMENT CONFERENCE AND ORDER The Court directs counsel and any unrepresented parties to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the Case Management Conference. Counsel who will be responsible for trial of the lawsuit for each party, and any part 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 and will not be granted beyond the time limit set forth in Federal Rule of Civil Procedure 16(b). As a result of the Case Management Conference, the Court will enter a Case 4 Management Order in the form appearing on the Court’s website at www.azd.uscourts.gov under Judges’ Information/Orders, Forms and Procedures/Judge Alison S. Bachus. The Court fully intends to enforce the deadlines in the Case Management Order. The parties should plan their litigation activities accordingly. OTHER MATTERS The parties are expected to comply fully with the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure. The parties are also expected to minimize the expense of discovery. The parties should ensure that all pleadings comply with LRCiv 7.1 and 7.2. All citations in support of any assertion in the text shall be included in the text, not in the 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 5

=== Proposed Final Pretrial Order for Bench Trial ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA x, v. x, Plaintiff(s), Defendant(s). No. CV- PROPOSED FINAL PRETRIAL ORDER (BENCH TRIAL) The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ______________________, 20 at ____ a.m./p.m. A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): Note: If a party/ies is/are unrepresented by counsel, the unrepresented party/ies’ mailing addresses, best phone numbers, and email addresses shall be included here. B. STATEMENT OF JURISDICTION 1. Cite the statute(s) which gives this Court jurisdiction. (E.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) 2. State whether jurisdiction is or is not disputed. (If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 1. 2. The following material facts are admitted by the parties and require no proof: The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff’s suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . Each party shall file a short trial brief on all contested issues of law contemporaneously with the filing of the Proposed Final Pretrial Order. E. LIST OF WITNESSES Each party shall separately list the names of witnesses, their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (a) witnesses who shall be called at trial; (b) witnesses who may be called at trial; and (c) witnesses who are unlikely to be called at trial. Additionally, the parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party understands that it is responsible for ensuring - 2 - that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because . . . (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because ... (the objection must specify why the exhibit is not relevant or material. The parties shall file their exhibit lists and submit their exhibit lists in writing, five (5) business days before trial, in Microsoft Word format by email 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 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting. Each party should use a different color, and a color chart shall be provided to the Court for reference. The parties shall include the following text in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. LIST OF PENDING MOTIONS List all pending motions. No motions in limine may be filed for a bench trial. I. PROCEDURES FOR EXPEDITING TRIAL The parties shall discuss and report on all available procedures that might be used to expedite trial, including but not limited to (a) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary 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 the courtroom technology to expedite the presentation of evidence. The parties are invited to contact Judge Bachus’ chambers at 602-322-7610 to arrange a time to visit the courtroom and examine its technology. Information about courtroom technology can - 4 - also be found at www.azd.uscourts.gov under Judges’ Info → Judges’ Orders, Forms & Procedures → Courtroom Technology. J. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case (including cross-examination) ____ hours for Defendant(s) case (including cross-examination) ____ hours for rebuttal K. 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.” L. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The undersigned counsel for each of the parties (or each unrepresented party, if applicable) 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court.” M. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a “Notice to Court Reporter” one week before trial containing the following information that may be used at trial: 1. 2. 3. 4. 5. 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. Counsel/parties shall 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. PARTIES’ ASSENT: Attorney for Plaintiff(s) . Attorney for Defendant(s) Note: If a party (or parties) is (are) unrepresented, the party/ies shall each create their own signature line, type their name under the line, and sign. // // // - 6 - COURT APPROVAL: Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. DATED this ___ day of ______________________, 20 . . Alison S. Bachus United States Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 -

=== Proposed Final Pretrial Order for Jury Trial ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA x, v. x, Plaintiff(s), Defendant(s). No. CV- PROPOSED FINAL PRETRIAL ORDER (JURY TRIAL) The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ______________________, 20 at ____ a.m./p.m. A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): Note: If a party/ies is/are unrepresented by counsel, the unrepresented party/ies’ mailing addresses, best phone numbers, and email addresses shall be included here. B. STATEMENT OF JURISDICTION 1. Cite the statute(s) which gives this Court jurisdiction. (E.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. § 1332.) 2. State whether jurisdiction is or is not disputed. (If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 1. 2. The following material facts are admitted by the parties and require no proof: The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff’s suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . Each party shall file a short trial brief on all contested issues of law contemporaneously with the filing of the Proposed Final Pretrial Order. E. LIST OF WITNESSES AND THIRD PARTIES 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. The parties shall also separately list the name of any third party materially relevant to this case (but who will not be called as a witness) whose relationship with a juror could affect their ability to serve fairly and impartially. - 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 Additionally, the parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” 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. The parties shall submit their exhibit lists in writing, five (5) business days before trial, in a format to be designated by the Court at the Final Pretrial Conference, in Microsoft Word format by email to [email protected]. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting. Each party should use a different color, and a color chart shall be provided to the Court for reference. The parties shall include the following text in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. MOTIONS IN LIMINE Motions in limine shall be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. I. LIST OF PENDING MOTIONS List all pending motions other than separately-filed motions in limine. 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; 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 (f) using the courtroom technology to expedite the presentation of evidence. The parties are invited to contact Judge Bachus’ chambers at 602-322-7610 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 → Judges’ Orders, Forms & Procedures → Courtroom Technology. K. ESTIMATED LENGTH OF TRIAL ____ hours for opening statements and closing arguments ____ hours for Plaintiff(s) case (including cross-examination) ____ hours for Defendant(s) case (including cross-examination) ____ 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 parties stipulate that the request was timely and properly made, but jointly withdraw any demand for jury trial and jointly consent to try this case to the Court (bench trial); or 3. The Plaintiff/Defendant contends that the request was untimely made because . . . (explain why request was untimely); or 4. The Plaintiff/Defendant contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because . . . (indicate the legal basis for why a jury trial is improper). M. JOINT 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 Proposed Forms of Verdict shall be filed in accordance with the instructions contained in the Order Setting Final Pretrial Conference. - 5 - N. 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 (or each unrepresented party, if applicable) 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.” O. 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 - Counsel/parties shall 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. PARTIES’ ASSENT: Attorney for Plaintiff(s) . Attorney for Defendant(s) Note: If a party (or parties) is (are) unrepresented, the party/ies shall each create their own signature line, type their name under the line, and sign. COURT APPROVAL: Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. DATED this ___ day of ______________________, 20 . . Alison S. Bachus United States Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 -

=== Standard Voir Dire in Civil Matters ===

STANDARD VOIR DIRE QUESTIONS IN CIVIL MATTERS U.S. Magistrate Judge Alison S. Bachus 1. This trial is anticipated to last ___ days, including time for deliberation. The Court holds trial from 9:00 a.m. to approximately 4:30 p.m., with breaks at mid-morning, lunch, and mid-afternoon. Is there anything about the anticipated length or daily schedule of trial that presents a problem, whether it be personal, business, or health, that is significant enough that you feel the need to be excused from service on this jury? 2. Do any of you have difficulty understanding the English language? 3. Do any of you have a physical condition that may make it difficult for you to sit here, or hear or understand, the evidence as it is being presented during this trial? [Please note the Court makes accommodations for individuals with disabilities.] 4. Do any of you know, or think you might know, me or any of the members of my staff or the courtroom clerk? 5. Do any of you know, or think you might know, counsel or any member of counsel’s law firm or legal team? 6. Do any of you know, or think you might know, the plaintiff, defendant, or any member of his/her family, or have had dealings with this [corporate party]? 7. Have any of you ever seen, heard, or read anything about this case, or have any of you ever heard anyone express an opinion about it? 8. Have you, or any members of your family or close friends, ever been involved in any way in a case such as this? 9. Is there anything about the nature of this case that would make it difficult for any of you to serve as a fair and impartial juror? 10. I am now going to read a list of witnesses who may be called to testify during the trial. All of these persons may not be called to testify, but any of them might be. Please raise your hand if you know, or think you might know, any of these people. [Read list of witnesses and third parties.] 11. Have any of you, or any members of your family or close friends, ever served as a [relevant title]? 12. [If relevant] Have any of you, or has anyone in your family, ever studied or practiced [law] [medicine] [other relevant area of expertise]? 13. In deciding the facts of the case, the jury will have to evaluate the testimony of the witnesses. • Is there anyone who could not judge the testimony of each witness by the same standards? • By this I mean, for example, is there anyone who is likely to give more or less weight to the testimony of a [relevant title] than to the testimony of another witness, simply because one is employed as a [relevant title] and one is not? 14. Would the heritage, race, or ethnicity of any party or witness affect your ability to sit as an impartial juror in this case? 15. Is there anyone who feels, for moral or religious or whatever reason, that they cannot sit in judgment of another person? 16. Is there anyone who believes they cannot be fair and impartial? 17. As a juror, you are required to follow the law that I give you in the jury instructions, which will be given to you at a later time. You will be instructed to disregard your own notions of what you believe the law is, or what you think the law should be. Are there any of you who believe you would not be able to follow the law as it is given to you by the Court? 18. As a juror, you are required to render your verdict based solely on the evidence that is admitted at trial. You are not allowed to do any outside research, like looking up something on Google or another website, and you may not do any of your own investigation. If selected to sit on this case, would any of you be unable or unwilling to render a verdict solely on the evidence presented at trial? 19. Please take a look around at your fellow potential jurors. Do any of you know other members of the jury panel? 20. Ladies and gentlemen, there are some questions on the back side of your number card that I am going to ask each of you to answer. • If you or your spouse/partner is retired, please tell us the occupation prior to retirement. If you have served on a jury before, please tell us the kind and type of case it was, if you remember. Please also tell us when and where the case was tried, whether there was a verdict and what it was (if you can recall), and whether you served as foreperson of the jury. • Questions on the back side of jurors’ cards: a. Your juror number b. Your occupation o Name of your employer o How long employed there o Type of work you do c. Family o Marital status o Number of children and their ages if under 18 d. Spouse’s/partner’s occupation o Name of his or her employer o How long employed there o Type of work he or she does e. Have you ever sat as a juror before? o If so, what kind of case was it? (Civil trial? Criminal trial? Grand Jury?) o What was the verdict or outcome? 21. Have you ever been involved in a lawsuit of any type? 22. Sometimes, by the time we get to the end of the questioning, jurors will have remembered additional answers to questions that were asked earlier. They then wonder if they should give the answers or not. Please give the answers now. 23. Finally, the Court will ask its last question. Is there something you thought should be asked because it was important to you and your ability to serve as a far and impartial juror in this case? If it is a private matter, you may indicate that and we may speak privately with you.

=== Trial Conduct & Decorum ===

TRIAL CONDUCT AND DECORUM U.S. Magistrate Judge Alison Bachus 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 is also intended to further efficient and orderly fact-finding. Your compliance with the following will be appreciated: 1. Be on time for each court session. 2. Stand and do not pace when addressing the Judge, jury, or witnesses. 3. Stand at the lectern at all times when addressing witnesses. Except upon express permission of the Court, all communications to the Court shall be made from a standing position at counsel’s 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. 4. Do not appeal to emotion or prejudice during an 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. 5. At the final pretrial conference, give the Courtroom Clerk and the Judge the caption of the case and the names and addresses of all persons at counsel table and all witnesses to be called. 6. Exhibits: a. Court time should not be used for marking exhibits. This should be done in advance of the Court session. All exhibits shall be provided to the Courtroom Clerk before trial, in the timeframe and manner as directed in the Court’s orders. Counsel shall review all exhibits to eliminate duplication of submitted exhibits. b. Provide copies of exhibits for the Judge at the commencement of the trial. c. Counsel shall arrange with chambers staff no later than three (3) business days in advance of trial for the use of computers, audio-visual equipment, or other visual aids sufficiently in advance so that they may be set up while Court is not in session. Counsel is responsible for the operation of all electronics and visual aids. The Courtroom Clerk is not responsible for the set-up, operation, and maintenance of presentations. d. All exhibits shall be shown to opposing counsel before being offered. e. 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. f. For civil cases, 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. Highlighting of depositions shall be completed in the manner described in the Court’s orders. 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 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 or parties. Do not make disparaging or acrimonious remarks toward opposing counsel, a party, or witness. 10. Gum chewing, snacks, drinks other than water, and the reading of newspapers or magazines are not permitted while Court is in session. 11. Cellular telephones and other noise-making electronic equipment must be turned to silent mode or turned off while in Court. Photographing, video recording, and audio recording are prohibited in the courtroom. 12. 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. 13. 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. 14. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury. 15. Professionalism and civility are mandatory in the courtroom. This includes facial expressions, tones of voice, and mannerisms.

=== Waiver of Appearance at Arraignment ===

• • WAIVER OF PERSONAL APPEARANCE AT ARRAIGNMENT – ASB Judge Bachus has her own waiver of appearance form. Defense counsel should get the trial date from the clerk in advance, fill in the form, have their client sign, and file at least 48 hours before the arraignment. Counsel may not sign the form on behalf of the client, and the defendant may not sign before the trial date has been filled in on the form. If counsel does not ask for the trial date in advance or is unable to obtain the defendant’s signature prior to arraignment, these are steps counsel should follow: 1) Fill in the form with your client’s name and case number. 2) Date and sign the form (no typewritten or typed, cursive-font signatures will be accepted). 3) Email the form with your signature to [email protected] (do NOT file yet). 4) Judge Bachus will provide the trial date at arraignment and direct counsel to file a fully-signed form that includes your client’s signature within 14 days of arraignment. Fill in the trial date and District Judge on your form. 5) Have your client review and sign the form. 6) File the form after you have your client’s signature. We do NOT want multiple, partially- signed forms on the docket. Only file one, fully-signed and completed form. Counsel has an affirmative obligation to notify Judge Bachus’ chambers via email ([email protected]) if a waiver signed by the defendant is NOT filed within 14 days of the date of the arraignment. In that instance, Judge Bachus will reset the arraignment for in-person appearance on Judge Bachus’ weekly change of plea calendar. • If counsel fails to file the form within 14 days, counsel must notify Judge Bachus’ chambers via email Judge Bachus’ staff will then reset the arraignment for an in-person appearance in front of Judge Bachus on Judge Bachus’ weekly change of plea calendar. 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-Click or tap here to enter text. Plaintiff, v. Defendant. Click or tap here to enter text., WAIVER OF PERSONAL APPEARANCE AT ARRAIGNMENT ENTRY OF NOT GUILTY PLEA ACKNOWLEDGEMENT OF TRIAL AVOWAL OF DEFENSE COUNSEL (Fed. R. Crim. P. 10(b Defendant’s attorney avows that counsel has discussed all the following with Defendant, and both Defendant and Defendant’s attorney agree: (1) Defendant’s attorney has provided and reviewed with Defendant a copy of the Indictment; (2) Defendant’s attorney has explained to Defendant the nature and substance of the charge(s), the maximum penalties applicable to the charge(s), and Defendant’s constitutional rights; (3) Defendant understands there is a right to appear personally at the arraignment to be advised of the charge(s). Defendant also understands that the execution of this waiver results in a waiver of the right to appear at the arraignment; (4) Defendant’s attorney is authorized to appear either telephonically or in person at the arraignment on behalf of the Defendant. Defendant’s attorney shall enter a plea of not guilty at the arraignment on Defendant’s behalf. Date:_____________________ _________________________________ Attorney for Defendant Defendant, having conferred with counsel, waives personal appearance and the reading of the Indictment at arraignment in this case. Defendant has received a copy of the Indictment. Defendant understands the nature of the charge(s) and Defendant’s constitutional rights. Defendant authorizes the entry of a not guilty plea on behalf of Defendant. Counsel may appear either telephonically or in person at Defendant’s arraignment. Defendant acknowledges that the trial will be on Click or tap here to enter text. at 9:00 AM before District Judge Click or tap here to enter text.. Defendant understands that the Court’s entry of a plea of not guilty will conclude the arraignment in this case. Date:_____________________ _________________________________ Defendant 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 -