Courtesy Copies and Chambers Email Address; Criminal Order of Referral; Expedited Sentencing Policy; Joint Proposed Final Pretrial Order; Order Setting Final Pretrial Conference - Criminal Cases; Preliminary Order in Civil Cases; Sentencing Memoranda and Submission of Character Letters; Speaking Req

=== Courtesy Copies and Chambers Email Address ===

Courtesy Copy Policy for Judge Humetewa's Chambers Courtesy copies of proposed orders in Microsoft Word format shall be submitted to Judge Humetewa's chambers by email at: [email protected] Courtesy hard copies of filings shall be submitted to Judge Humetewa's chambers per the District's Case Management/Electronic Case Filing Administrative Policies and Procedures Manual, which reads: "A paper courtesy copy of an electronically filed document must be submitted directly to the assigned judge for certain document types, as follows: a. complaints; b. notices of removal; c. motions to dismiss and responses and replies thereto; d. motions for summary judgment and responses and replies thereto; e. motions for temporary restraining order and supporting documents; f. sealed documents; g. documents exceeding 10 pages in length, including exhibits and attachments."

=== 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 ORDER In the Matter of Admission Hearings, Admit/Deny Hearings on Petitions for Revocation of Probation, and Admit/Deny Hearings on Petitions for Revocation of Supervised Release. Pursuant to 28 U.S.C. § 636(b)(3), 18 U.S.C. § 3401(i), and LRCrim 57.6(4), I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: * * * * 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 hearings on petitions to revoke probation or supervised release The Magistrate Judge shall make findings as follows regarding admission hearings on petitions to revoke: Whether defendant (1) is competent to enter an admission; (2) knowingly and voluntarily wishes to enter an 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 an admission, the Magistrate Judge shall make a recommendation whether 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 18th 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 -

=== Expedited Sentencing Policy ===

Judge Humetewa's Policy on Motions for Expedited Sentencing Motions to Expedite Sentencing shall be considered only after a DRAFT Presentence Report has been disclosed. Such motions shall include an agreement by the parties to proceed to sentencing on the DRAFT Presentence Report, which may not include complete information.

=== 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 v. Plaintiff(s), Defendant(s). No. CV- ORDER SETTING FINAL PRETRIAL CONFERENCE Following is the Joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference in this case set for ________ at _______ in Courtroom 605, Sandra Day O’Connor U.S. Courthouse, 401 West Washington, Street, Phoenix, Arizona 85003. The attorneys (or pro se parties) who are responsible for the trial shall attend the Final Pretrial Conference. A. Trial Counsel for the Parties. Provide mailing and email addresses, office and cell telephone numbers, and fax numbers of trial counsel. B. Statement of Jurisdiction. Cite the statute(s) which give this court jurisdiction and venue (e.g., jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332). C. Nature of the Case. Provide a concise statement (one page) of the nature of the case, the cause of action and the relief sought. D. Stipulations and Undisputed Facts and Law. Provide a concise statement of stipulations and undisputed fact(s) and law in the following format: 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:" E. Contested Issues of Fact and Law. Provide a concise statement of contested Issues of fact(s) and law in the following format: 1. "The following are the material issues of fact to be tried and decided:" [Each party’s contention must be set forth with respect to each and every issue of fact and each issue of fact must be stated separately and in specific terms]. 2. "The following are the issues of law to be determined:" [Each party’s contention must be set forth with respect to each and every issue of law. Each issue of law must be stated separately and in specific terms]. F. Witness List. Each party shall separately list the names of witnesses, whether they are fact or expert witnesses and a brief description of the testimony of each witness (except witnesses who may be called for impeachment). If a witness will appear by deposition only, the party calling the witness will give notice of the page numbers to be read at trial to all other parties on or before the date that the pretrial order is filed. The parties shall deliver one (1) original and two (2) copies of the witness and exhibit lists, using the forms located on the Court’s website at http://www.azd.uscourts.gov/judges/judges-orders, to the Courtroom Deputy no later than 48 hours prior to trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 G. Exhibit List.1 Each party shall submit a list of numbered exhibits with a concise description of each exhibit. Document admissibility issues should be resolved by stipulation before trial. Following the below format, the parties shall work with the Courtroom Deputy Clerk to mark all exhibits directly into evidence unless a good faith objection will be raised at trial. 1. The following exhibits are admissible in evidence and may be marked in evidence by the Courtroom Deputy Clerk: a. Plaintiff’s Exhibits: b. Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. Plaintiff's Exhibits: b. Defendant's Exhibits: 3. The party against whom the following exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: b. Defendant’s Exhibits: 4. 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 objections not specifically raised herein are waived." H. 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. The offering party shall provide the Court with a copy of the offered deposition testimony, and highlight the portions of the depositions to be offered. Each party shall highlight (in a separate color) that portion of the deposition it proposes to offer. Where multiple parties are offering the 1 If there are more than 20 exhibits, the parties shall submit their exhibit lists in writing five (5) days before trial by email to [email protected] or on USB flash drive or CD-ROM. - 3 - same deposition, only one copy shall be provided to the Court. Any party objecting to the admission in evidence of any portion of a deposition shall identify by page and line number the portion to which objection is made and shall state the grounds of objection specifically. I. Motions in Limine. Motions in Limine and responses thereto shall be filed as separate pleadings and in accordance with the Court’s Order Setting Final Pretrial Conference. J. List All Pending Motions. List all pending motions other than Motions in Limine. K. 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 AV Support at [email protected] or 602-322-7160, to arrange a time to visit the courtroom and examine its technology. Information about courtroom technology can also be found at www.azd.uscourts.gov under Judges' Information; Orders, Forms & Procedures; Standard Procedures Used by All Phoenix Judges; Electronic/Video Courtroom Equipment Information – Phoenix. L. Estimated Length of Trial. ____ hours for opening statements and closing arguments. ____ hours for Plaintiff(s)’ case, including cross-examination of other parties’ witnesses. ____ hours for Defendant(s)’ case, including cross-examination of other parties’ witnesses. 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 - ____ hours for rebuttal. M. Jury Demand. State whether a jury trial has or has not been requested and how many jurors the parties propose. If a jury trial has been requested, indicate the appropriate selection: 1. The parties stipulate that the demand for a jury trial was timely; 2. The Plaintiff(s)/Defendant(s) contend(s) that the demand was untimely because of [provide an explanation including legal citation]; or 3. The Plaintiff(s)/Defendant(s) contend(s) that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because . . . [provide an explanation including legal citations]. N. Proposed Findings of Fact and Conclusions of Law for Bench Trials. Proposed Findings of Fact and Conclusions of Law shall be filed by each party as a separate pleading in accordance with the instructions contained in the Order Setting Final Pretrial Conference. O. Proposed Set of Supplemental Voir Dire. The Court’s proposed voir dire questions are located on the Court’s website at www.azd.uscourts.gov under Judges’ Information/Orders; Forms and Procedures; and Diane J. Humetewa. In addition, each party may separately file a proposed set of voir dire questions, not to exceed ten (10) each. The questions shall be drafted in a neutral manner. If the parties disagree about a particular question, the opponent shall state the reason for the objection immediately below the question. P. Joint Proposed Jury Instructions. The joint list must contain the following four sections: (1) A list—denoted only by section and title—of all applicable Ninth Circuit Model Civil Instructions, which are at https://www.ce9.uscourts.gov/jury-instructions/model-civil. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (stipulated-to). If the instruction is requested by 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 only one party, the instruction shall be preceded by either “PL” (Plaintiff) or “DF” (Defendant). (2) The full text of any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) The full text of any non-model instructions requested by Plaintiff (numbered consecutively), with only one instruction per page. Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and Plaintiff’s authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant’s objection. (4) The full text of any non-model instructions requested by Defendant (numbered consecutively), with only one instruction per page. Defendant shall include citation to authority to support the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant’s authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff’s objection. Q. Form of Verdict. Each party shall filed a proposed from of verdict, including any proposed special verdict forms or juror interrogatories. R. Recording of Proceedings. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” one week before the Final Pretrial Conference containing the following information: a. Proper names, including those of witnesses. - 6 - b. c. d. e. f. Acronyms. Geographic locations. Technical (including medical) terms, names, or jargon. Case names and citations. Pronunciation of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Hilda Lopez at [email protected]. Her contact number is 602-322-7256. Counsel also must advise the court reporter as soon as possible, but no later than two weeks before trial, if they would like to receive a real-time feed or daily turnaround transcript of the proceedings. S. Certifications. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. All discovery has been completed. 2. The identity of each witness has been disclosed to opposing counsel. 3. Each exhibit listed herein: (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 Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 5. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 6. The parties acknowledge that once this Joint Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court." APPROVED AS TO FORM AND CONTENT: _______________________ Attorney for Plaintiff(s) ____________________ Attorney for Defendant(s) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 -

=== Order Setting Final Pretrial Conference - Criminal 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 United States of America, No. CR v. , Plaintiff, ORDER SETTING FINAL PRETRIAL CONFERENCE Defendant(s). [Trial: ] Pursuant to Federal Rule of Criminal Procedure 17.1, a Final Pretrial Conference has been set for _________ in Courtroom 601, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. In preparation for the Final Pretrial Conference, it is hereby ordered: 1. Attendance Required. Counsel who will be responsible for the trial of the case must attend the Final Pretrial Conference. No substitutions of counsel or remote appearances are permitted without good cause. The attendees must bring their calendars so trial scheduling can be discussed. 2. Joint Pretrial Memorandum. The parties must jointly develop and file with the Clerk of Court, at least 7 days before the Final Pretrial Conference, a Joint Pretrial Memorandum. The Joint Pretrial Memorandum must contain the following in separate paragraphs: a. Counts. Identify (1) all counts contained in the indictment (or superseding indictment) that will be tried by jury; (2) all counts, if any, in the indictment (or superseding indictment) that have been 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 dismissed; and (3) all counts, if any, the government intends to dismiss before trial. b. Forfeiture Allegations. Identify any forfeiture allegation contained in the indictment (or superseding indictment), whether any forfeiture allegation in the indictment (or superseding indictment) has been dismissed, or whether the government intends to dismiss any forfeiture allegation in the indictment (or superseding indictment) before trial. Also identify, where applicable, the status of any pending related civil forfeiture proceeding, and whether the issue of forfeiture shall be determined by jury verdict or by the Court if a guilty verdict is returned by the jury. c. Notices. Identify all Notices of the Government’s Intent to Use Evidence. d. Motions in Limine. Identify all pending motions in limine. e. Other Motions. Identify all pending motions (other than motions in limine). f. Stipulations. Identify and describe any joint stipulation that may be read or otherwise presented to the jury and treated as having been proved at trial. For example: “Stipulation of Fact: The drugs found in Defendant’s vehicle weighed approximately one pound.” Or: “Stipulation of Evidence: Bundles of drugs will be introduced as evidence at trial. There have been no breaks in the chain of custody between when the drugs were seized by law enforcement in this case and the date of trial.” Or: “Stipulation of Evidence: The parties waive any objections relating to the authenticity of the photos. g. Numbers of Witnesses and Exhibits. Identify the approximate - 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 number of witnesses to be called and exhibits to be offered at trial. h. Estimated Length of Trial. Propose the estimated amount of time to be allocated for each stage of trial as follows: ___ hours: Jury Selection ___ hours: Opening Statements1 ___ hours: Government’s Case (including rebuttal) ___ hours: Defendant’s Case ___ hours: Closing Arguments2 ___ hours: Total i. Interpreter. State whether there will be a need for an interpreter at trial. j. Procedures for Expediting Trial. Discuss and report on all available procedures that might be used to expedite trial, including but not limited to: (1) using summary exhibits in place of voluminous documentary evidence; (2) stipulations on authenticity and foundation; (3) presenting direct expert testimony through summary or written reports; and (4) using the courtroom technology to expedite the presentation of evidence. 3. Notices Of Intent. All Notices of the Government’s Intent to Use Evidence must be filed and served at least 7 days before the Final Pretrial Conference. Untimely notices are subject to being summarily denied or stricken by the Court. 4. Motions In Limine. All motions in limine must be filed at least 14 days before the Final Pretrial Conference. Responses must be filed at least 7 days before the Final Pretrial Conference. No replies are permitted. Each motion must include proposed language for the order being sought from the Court, and the proposed language must state 1 If there is more than one Defendant, provide an estimate time for each one. 2 If there is more than one Defendant, provide an estimate time for each one. - 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 with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Additionally, each motion must contain a certification that the movant’s counsel met and conferred in good faith with opposing counsel and the parties could not reach agreement. The motions and responses must be concise and must not exceed three pages in length. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. 5. Case-Related Documents. The parties must, at least 7 days before the Final Pretrial Conference, file the following documents (and submit copies of these documents in Word format to the chambers email address at [email protected], as well as sending to chambers a paper courtesy copy of any document exceeding ten pages): a. Stipulated Joint Statement Of The Case. This will 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. b. Joint Proposed Voir Dire. To the extent a question is not already included in the proposed juror screening questionnaire, this Court’s proposed set of voir dire questions can be found at http://www.azd.uscourts.gov/judges/judges-orders. To the extent possible, the parties should stipulate to the proposed questions. If the parties have any disagreement about a particular question, they must state the reason for their objection below the question. The parties may file a joint list of supplemental questions not to exceed six (6) questions per party. Each party shall also include the name(s) of any third party not otherwise listed as a witness who may be mentioned at trial or relevant to the case. Upon filing their proposed voir dire questions, the parties shall submit by email a copy of the proposed - 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 voir direct questions in Word format to [email protected]. c. Joint Proposed Verdict Forms. These should include any proposed special verdict forms or juror interrogatories. Upon filing their proposed verdict forms, the parties shall submit by email a copy of the proposed voir direct questions in Word format to [email protected]. d. Joint Proposed Jury Instructions. The joint list must contain the following four sections: (1) A list—denoted only by section and title—of all applicable Ninth Circuit Model Civil Criminal Instructions, which are at http://www3.ce9.uscourts.gov/jury-instructions/model- criminal. If a model instruction is requested by both parties, the instruction shall be preceded by “ST” (stipulated-to). If the instruction is requested by only one party, the instruction shall be preceded by either “PL” (Plaintiff) or “DF” (Defendant). (2) The full text of any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) The full text of any non-model instructions requested by Plaintiff (numbered consecutively), with only one instruction per page. Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and 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. - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) The full text of any non-model instructions requested by Defendant (numbered consecutively), with only one instruction per page. Defendant shall include citation to authority to support the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant’s authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff’s objection. Upon filing their proposed jury instructions, the parties shall submit by email a copy of the proposed jury instructions in Word format to [email protected]. 6. Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial (excluding impeachment evidence not subject to early disclosure) no later than 7 days before the Final Pretrial Conference. During this meeting, the parties also must eliminate any duplicate exhibits.3 Stipulated exhibits shall be noted as “Stipulated” on the exhibit list of the offering party under the column entitled “Admitted into Evidence.” If all parties intend to refer to the exhibit at trial, the exhibit shall be included on the government’s exhibit list. During trial, the parties must advise the Courtroom Deputy in advance of each witness’s appearance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel before being offered. 3 During the in-person meeting, the exhibits must be in the exact physical form that will be used at trial. In other words, if a party intends to offer a paper exhibit at trial, that party must have a marked paper copy at the in-person meeting, not an electronic copy. Also, the parties should mark their exhibits exactly as they intend to offer them at trial. During trial, exhibits will be admitted or rejected in their entirety. Thus, if any part of an exhibit is objectionable, it will be excluded in its entirety. Ordinarily, the parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 6 - 7. Witness List. The parties shall deliver one (1) original and two (2) copies of the witness and exhibit lists, using the forms located on the Court’s website at http://www.azd.uscourts.gov/judges/judges-orders, to the Courtroom Deputy no later than 48 hours prior to trial. 8. Information for Court Reporter. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” one week before the Final Pretrial Conference containing the following information: a. b. c. d. e. f. 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. This notice need not be filed but must be provided via e-mail to Hilda Lopez at [email protected]. Her contact number is 602-322-7256. Counsel also must advise the court reporter as soon as possible, but no later than two weeks before trial, if they would like to receive a real-time feed or daily turnaround transcript of the proceedings. 9. Courtroom Technology. Should the parties wish to conduct any testing of courtroom technology and equipment or have related questions, they may contact AV Support at [email protected] or 602-322-7160, no later than one week prior to trial. The parties can find further details on the Court’s website at http://www.azd.uscourts.gov/judges/judgesorders at the Electronic/Video Courtroom Equipment Information link. 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 - 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 -

=== Preliminary Order 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Name, No. CV-XX-XXXXX-XXX-DJH vs. PRELIMINARY ORDER Plaintiff(s), Defendant(s). Name, This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings, and are ordered as follows. Governing Rules Both counsel and pro se litigants must abide by the Local Rules of Civil Procedure (“LRCiv” or “Local Rules”), Rules of Practice of the U.S. District Court for the District of Arizona, and the Federal Rules of Civil Procedure. Service of Process Rule 4 of the Federal Rules of Civil Procedure requires that service of the summons and complaint must be accomplished on each defendant within ninety (90) days of the date of the filing of a complaint. Proof of service must be promptly filed with the Clerk of Court pursuant to Rule 4(l). If, for good reason, Plaintiff(s) cannot serve the summons and complaint on Defendant(s) within ninety (90) days, a request for an extension of time in which to serve 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 summons and complaint may be filed with the Clerk of Court prior to the expiration of the 90-day period. Any request must set forth the reason why service has not been accomplished and request a specific short period of time in which to accomplish such service. As will be repeated throughout the duration of this case, the Court has a strict policy not to extend the dispositive motion deadline beyond the two-year anniversary of the commencement of a case. Therefore, Plaintiff(s) are encouraged to expeditiously complete service and to avoid unnecessary delay so that the pretrial period may be preserved for discovery and motion practice. Notice is hereby given that any Defendant that has not been timely served will be dismissed without prejudice from this action without further order pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. In accordance with the above, 1. Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than Month Day, Year [90 days of Filing of Complaint in State or Federal Court]; 2. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court; and 3. Unless the Court orders otherwise, on Month Day, Year [90 days of Filing of Complaint in State or Federal Court], the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Case Management Conference The Court will schedule a case management conference in accordance with Rule 16 of the Federal Rules of Civil Procedure once Defendant(s) have been served or have appeared in the action. As will be directed in the order setting the conference, the parties will be required to engage in a Rule 26(f) meeting and submit a Joint Rule 26(f) Case Management Report and a Joint Proposed Rule 16 Case Management Order. Outstanding 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 motions or requests to continue the Case Management Conference will not excuse the requirement to hold a Rule 26(f) meeting or submit the joint filings. The Court will issue a Case Management Scheduling Order following the scheduled conference. The Order will reflect the parties’ input and the Court’s considered assessment of the time necessary to complete discovery and all pretrial submissions and will set forth additional policies and procedures that will apply in this case. Artificial Intelligence (“AI”) Disclosure Requirements Any party using a generative AI tool in the preparation of any document or material filed in this Court shall (1) clearly disclose in the filing what AI tool was used, and (2) certify that all representations and citations in the AI-assisted filing have been verified for accuracy. A party’s reliance on an AI tool will not excuse a failure to make a reasonable inquiry under Rule 11. Rule 12 Motions Any motion made pursuant to Federal Rule of Civil Procedure 12 is discouraged if the challenged defect in the pleading can be cured by filing an amended pleading. In accordance with LRCiv 12.1(c), the Court therefore requires: (1) conferral – the movant must confer with the opposing party prior to filing a motion to dismiss for failure to state a claim or counterclaim pursuant to Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim pursuant to Rule 12(c), to determine whether such motion can be avoided; and (2) certification – the movant must attach a certificate of conferral, certifying that it notified the opposing party of the issues asserted in its motion (in person, by telephone, or in writing), and that the parties conferred but were unable to agree that the pleading was curable in any part by a permissible amendment offered by the pleading party. Any motion lacking an attached compliant certificate may be summarily stricken by the Court. Amendments to the Pleadings Parties shall endeavor not to oppose motions to amend that are filed prior to any Rule 16 Case Management Conference or the deadline set forth by any Rule 16 Case 3 Management Order. Any motion for leave to amend or notice of amendment must be filed in accordance with Rule 15.1 of the Local Rules of Civil Procedure. Any motion or notice that does not comply with the local and federal rules may be stricken by the Court. Protective Orders Although the parties may agree to designate materials or information as confidential, that does not mean that the Court will order that the filings containing such information be placed under seal. Any party wishing to seal a specific record or document and shield it from public view must prove why the interest in secrecy outweighs the presumption of public access to judicial records and documents. Corporate Statement If applicable, full compliance with Rule 7.1 of the Federal Rules of Civil Procedure is required. A Corporate Disclosure Statement form is available on the District Court’s Website. Filings All electronic filings must be filed in a PDF text searchable format in accordance with LRCiv 7.1(c). A paper copy of any document filed exceeding ten (10) pages in length must be submitted to chambers. Documents which are too large for stapling must be submitted in a three-ring binder. Electronic copies of proposed orders must be emailed in Microsoft Word® format to [email protected]. Communications with the Court All communications with the Court regarding any case must be made on the record. Telephone calls regarding routine administrative matters in civil cases may be directed to chambers at (602) 322-7600. No member of chambers staff will provide the parties with legal advice concerning any matter. Any inquiry regarding the status of any motion or other matter that has been under advisement for more than one hundred and eighty (180) days must be filed in the manner set forth in LRCiv 7.2(n). 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 Noncompliance The parties are specifically admonished that failure to prosecute, to comply with court orders, or to comply with the local and federal rules may result in dismissal of all or part of this case, default, imposition of sanctions, or summary disposition of matters pending before the Court. See Fed. R. Civ. P. 41; LRCiv 7.2 (“[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”). Pro Se Parties Any party appearing pro se is directed to become familiar with the Local Rules and the Federal Rules of Civil Procedure. Such parties are advised of the free Self-Service Clinic at the courthouse. For information on the free clinic and the Handbook for Self- Represented Litigants, visit the Court’s internet site at: www.azd.uscourts.gov. Proceed to the box entitled Information for Those Proceeding Without an Attorney and then the link entitled Federal Court Self-Service Clinic-Phoenix. 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

=== Sentencing Memoranda and Submission of Character Letters ===

Sentencing Memoranda and Submission of Character Letters to Judge Humetewa's Chambers Sentencing Memoranda and Motions Motions or memoranda regarding sentencing shall be filed six (6) business days before the sentencing date. Responses thereto shall be filed three (3) business days before the sentencing date. Character Letters Per General Order 15-12, no more than ten (10) character letters shall be submitted by defense counsel, unless otherwise ordered by the Court. Original character letters must be submitted by defense counsel in paper form with the original to the U. S. Probation Office and copies to the sentencing judge and opposing counsel at least five (5) business days prior to the sentencing hearing. Character letters shall not be mailed directly to the sentencing judge by any family members or other persons writing in support of the defendant. Character letters or a notice of such shall not be filed electronically unless otherwise ordered by the Court.

=== Speaking Requests ===

To submit a request for Judge Humetewa to speak at an event, please email the following information to [email protected]: 1. What is the date and location of the event, including the exact time the judge would speak? 2. Who/what entity will sponsor or co-sponsor the event? 3. Are other events scheduled at the same venue at the same time as the event? 4. What specific topic(s) is the judge expected to personally discuss? 5. If known, what are the specific topics of the entire program, and what other speakers will be present? A copy of an agenda and list of other speakers and participating groups would be ideal information for consideration. 6. Who are the expected attendees/target audiences? 7. Is there any fund-raising associated with the event? Is someone or some entity potentially deriving monetary profit from the event or surrounding events? 8. Who/what entity would provide funding for the cost of the judge's lodging, meals, and travel? 9. What is the deadline for responding to your request? IF the judge is able to commit to speak, please note: a. that the judge's name could only be used in marketing materials if the judge and non- judicial speakers would be treated the same. Marketing materials must not suggest special access to the judge or that attendees will be given special knowledge of how to prevail in court; and b. that the judge would not be able to accept an honorarium. Requests are evaluated against the canons of judicial conduct which govern a judge's ability to participate. Thank you.

=== Voir Dire Questions - Civil ===

STANDARD CIVIL VOIR DIRE QUESTIONS Honorable Diane J. Humetewa United States District Judge 1. Have any of you read or heard anything about this case from any source whatsoever? 2. Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? Introduction of Self and Staff 3. Do any of you know any member of my staff on any basis, social, professional or otherwise? Introduction of Counsel 4. The Plaintiff(s) is/are represented by ___________. Do any of you know Plaintiff’s counsel, or any of the employees in that office on any basis: social, professional or otherwise? 5. Do any of you know the Plaintiff(s) on any basis: social, professional or otherwise? 6. [If a company or corporation] Have any of you ever had a business or employment relationship of any kind with the Plaintiff(s)? 7. The Defendant(s) is/are represented by ___________. Do any of you know Defendant’s counsel, or any of the employees in that office on any basis: social, professional or otherwise? 8. Do any of you know the Defendant(s) on any basis: social, professional or otherwise? 9. [If a company or corporation] Have any of you ever had a business or employment relationship of any kind with the Defendant(s)? 1 CV Voir Dire ‐ DJH 2014 Witnesses and Third Parties 10. The witnesses who may be called during this trial are: (See Witness List) Do any of you know or think you might know any of the witnesses? 11. a lawsuit? Do any of you have strong feelings either for or against a party who brings 12. This is a civil case which is to be decided by the preponderance of the evidence [clear and convincing on some issues]. This is different from a criminal case where the Government has to prove its case beyond a reasonable doubt. 13. in a criminal case? Does anyone have a problem applying a lower burden of proof than used With the upcoming questions, if there are any matters which you would rather discuss privately that may affect your ability to be a fair and impartial juror, please let the Court know. 14. Have any of you or members of your family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? 15. training? Do any of you or any of the members of your family have any legal 16. I will instruct you on the law at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. 17. Do any of you think you would have trouble following the law as given to you, even if you may disagree with it? 18. Will you be able to render your verdict solely on the basis of the evidence presented during the trial, setting aside any personal beliefs, opinions, or biases you might have? 2 CV Voir Dire ‐ DJH 2014 Duration of Trial 19. This case is expected to last __________ days/weeks, and I expect to conduct trial on these dates and times: ______________. Would this schedule create an undue hardship for any of you? 20. Do any of you have any other reason whatsoever, such as a physical difficulty, a health problem, or home problems that might interfere with your serving as a fair and impartial juror in this case? Voir Dire Sheet Questions 21. Ladies and Gentlemen, on the sheet given to you is a list of questions. Starting with juror Number One, please stand, state your juror number, and answer the questions. The last question asks about your prior jury service. With respect to civil cases, please just tell me the number of civil juries on which you have served. With respect to criminal cases, please indicate the nature of the crime involved and the result of the case ‐‐ guilty, not guilty, or hung jury ‐‐ for each of the criminal juries you have been on. a. Juror number b. General location of your residence c. Length of time at current residence d. Education after high school, if any. State your major e. Marital status f. Number of children and ages of children, if under 18 g. Employment h. Yourself: current job and types of jobs throughout lifetime Spouse: current job and types of jobs throughout lifetime i. Civil, social, fraternal, union or professional organizations and any offices held in them j. Hobbies or recreational activities k. Prior jury service: civil or criminal 22. Did any of you know each other before this morning? 23. Is there anything that has occurred to any of you, or are there any facts that you think we should know that might have a bearing on your judgment in this case? 3 CV Voir Dire ‐ DJH 2014

=== Voir Dire Questions - Criminal ===

STANDARD CRIMINAL VOIR DIRE QUESTIONS Honorable Diane J. Humetewa United States District Judge 1. Have any of you ever seen or heard anything about this case from any source whatsoever? 2. Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? The Government 3. Do any of you know the Assistant U.S. Attorney, the U.S. Attorney or any employee of the U.S. Attorney’s Office on any basis, social, professional or otherwise? 4. Do any of you know the government’s investigator(s) or any employees of his/her office on any basis, social, professional or otherwise? The Defendant 5. Do any of you know the defendant(s) on any basis, social, professional or otherwise? 6. Do any of you know any of the employees in counsel’s office on a social, professional or other basis? 7. Do any of you know the defendant’s investigator(s) or any employees of his/her office on a social, professional or other basis? Fellow Prospective Jurors 8. Did any of you know each other before this morning? If so, would your acquaintance with any other juror affect your ability to deliberate and to reach your own independent decision as a juror in this case? 1 CR Voir Dire – Judge Humetewa Witnesses and Third Parties 9. Do any of you know or have you ever heard of any of these individuals? If so, would your knowledge or experience with any of these individuals [or organizations] affect your ability to serve fairly and impartially in this case? With the upcoming questions, if there are any matters which you would rather discuss privately that may affect your ability to be a fair and impartial juror, please let the Court know. Relevant Past 10. Have you or any members of your family (brothers, sisters, parents or children) ever been the victims of serious criminal conduct involving serious personal property damage or bodily injury? If so, please explain including what the incident was, what, if any, police agency investigated the matter and whether anyone was apprehended? Do you think this experience would prevent you from being fair and impartial in this case? 11. Have you or any members of your family ever been convicted of a felony? If so, which family member, what offense and what was the outcome? Do you think this experience would prevent you from being fair and impartial in this case? 12. Do any of you have any other reasons whatsoever, such as physical difficulty, a health problem or home situation that might interfere with your serving as a fair and impartial juror in this case? 13. Have you or any members of your family ever been convicted of a felony? If so, which family member, what offense, and what was the disposition? Would this experience prevent you from being fair and impartial in this case? 14. Are any of you or any members of your family or close friends now serving or have ever served in the capacity of law enforcement officer? By “law enforcement officer,” I am including not only police officers, but also employees of law enforcement agencies, military police, FBI border patrol, DEA, ATF, DOJ, Department of Homeland Security, or other government law enforcement or intelligence agency etc. If so, do you think this relationship would prevent you from being fair and impartial in this case? 15. Have you or any member of your family been a party or witness in any litigation (excluding family law matters, traffic cases, and probate matters)? 2 CR Voir Dire – Judge Humetewa If so, do you think this experience would prevent you from being fair and impartial in this case? What kind of a case in which you were a witness, and which party called you as a witness? Legal Knowledge and Application 16. Do you or any of your family members have any legal training? If so, what type of training? Do you think this training would affect your ability to be fair and impartial in this case? 17. I will instruct you what the law is at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Do you think that you would have trouble following the law even if you may disagree with it? 18. In a civil case the burden of proof is preponderance of the evidence. This is a criminal case in which the government must prove guilt beyond a reasonable doubt. That requires proof that leaves you firmly convinced that the Defendant is guilty. Would any of you have any difficulty in holding the government to its burden? 19. Here are some fundamental principles of law: o The fact that an indictment has been filed raises no presumption whatsoever of the guilt of the defendant. o The United States government must satisfy you beyond a reasonable doubt of the guilt of the defendant. o The defendant does not have any obligation to testify or to produce any evidence and you may not draw an adverse inference if the defendant chooses not to testify. o The defendant is presumed to be innocent until his guilt is established beyond a reasonable doubt. o You must wait until all of the evidence has been presented before making up your minds as to the innocence or guilt of the defendant. Does anyone believe that they will have any difficulty following these principles of law? 3 CR Voir Dire – Judge Humetewa 20. Do you have any strong feelings regarding the criminal justice system in this country, including but not limited to, your feelings about judges and lawyers that would prevent you from giving either the government or the defendant a fair hearing in this matter? Interpreters (if applicable) 21. This case will involve official court interpreters. Do you know the [____________] language? If so, will you be able to set aside that knowledge and rely solely on the official English translation? Personal Views 22. Do you have a belief, whether religious or philosophical, which makes it difficult for you to sit in judgment of another? If so, would this belief make it difficult for you to be a fair and impartial juror? 23. The defendant in this case is [relevant racial or ethnic status]. Is there anything about the defendant's racial or ethnic status that would prevent you from being a fair and impartial juror in this case? Have you had experiences with [relevant racial or ethnic status] that might influence your ability to be fair and impartial? 24. There will be witnesses called during this trial who are members of law enforcement and who may have been in that profession for a number of years. Is there anything about the law enforcement profession and/or about the witness having been engaged in such profession for a number of years that would cause you to either give greater or lesser weight or credibility to their testimony solely by virtue of their employment in law enforcement? Indian Country Offense (if applicable) 25. Do you disagree with the fact that the United States has the right to prosecute felony offenses on Indian Reservations? 4 CR Voir Dire – Judge Humetewa 26. There may be evidence in this case of alcoholic beverage drinking to excess. Do you have any strong feelings about drinking alcoholic beverages? If so, does your feeling about alcohol consumption affect your ability to be a fair and impartial juror in this case? Expected Trial Schedule 27. I expect to conduct trial on these dates and times (schedule spoken by the Court). Would this schedule create an undue hardship for any of you? Would the length of the trial create an undue hardship for any of you? Easel Questions / Voir Dire Sheet Questions 28. Ladies and gentlemen, on the sheet given to you is a list of questions. Starting with juror Number One, please stand, state your juror number, and answer the questions. The last question asks about your prior jury service. With respect to civil cases, please just tell me the number of civil juries on which you have served. With respect to criminal cases, please indicate the nature of the crime involved and the result of the case ‐‐ guilty, not guilty or hung jury ‐‐ for each of the criminal juries you have been on. a. Juror number b. General location of your residence c. Length of time at current residence d. Education after high school, if any. State your major e. Marital status f. Number of children and ages of children, if under 18 g. Employment h. Yourself: current job and types of jobs throughout lifetime Spouse: current job and types of jobs throughout lifetime i. Civil, social, fraternal, union or professional organizations and any offices held in them j. Hobbies or recreational activities k. Prior jury service: civil or criminal 5 CR Voir Dire – Judge Humetewa 29. Does anyone have any other reason whatsoever that they believe will prevent him or her from serving as a fair and impartial juror in this case? 6 CR Voir Dire – Judge Humetewa