Courtroom Protocol; Criminal Order of Referral; Order Setting Final Pretrial Conference – Criminal; Order Setting Rule 16 Scheduling Conference; Order Setting Rule 16 Scheduling Conference for ERISA Cases; Scheduling Order; Scheduling Order for ERISA Cases; Standard Civil Voir Dire Questions

=== Courtroom Protocol ===

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

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of: ORDER Change of Plea 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, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: • Change of Plea Hearings; • Admit/Deny Hearings on Petitions for Revocation of Probation; • Admit/Deny Hearings on Petitions for Revocation of Supervised Release; • Evidentiary Hearings on Petitions to Revoke Probation or Supervised Release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11 of the Federal Rules of Criminal Procedure. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charge(s) or allegation(s); (3) understands the charge(s) or allegation(s); and (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. Dated this 24th day of September, 2019. 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 -

=== Order Setting Final Pretrial Conference – Criminal ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. ORDER IT IS ORDERED setting a Final Pretrial Conference for _____ at ______. IT IS FURTHER ORDERED that the attorneys who will be responsible for the trial and the defendant shall attend the Final Pretrial Conference. The parties shall be prepared to discuss the following at the conference: (1) (2) (3) (4) trial schedule voir dire procedure number of witnesses number of exhibits (5) marking exhibits and copies for the court (6) (7) special equipment needs need for interpreter (8) motions in limine or other outstanding motions. IT IS FURTHER ORDERED that Motions in Limine shall be briefed as follows: Motions in limine are due two weeks prior to the Final Pretrial Conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Responses to motions in limine are due one week prior to the final pretrial conference. No replies are permitted. IT IS FURTHER ORDERED that two weeks prior to trial the parties will complete the following tasks: (1) (2) The parties shall jointly file a description of the case to be read to the jury. The parties shall file a joint set of proposed voir dire questions. The voir dire questions shall be drafted in a neutral manner. (3) The parties shall file a set of jury instructions in the format provided in Attachment 1 to this Order. (4) The parties shall file a joint list of witnesses. (5) Each party shall file all trial briefs, if any. (6) The parties shall submit a joint proposed form of verdict, or if the parties are not in agreement, each party shall file a proposed form of verdict. IT IS FURTHER ORDERED directing the parties to submit their proposed jury instructions and proposed forms of verdict (in Word) to the chamber’s e-mail address,1 in addition to filing them with the Clerk of the Court. IT IS FURTHER ORDERED that each party should discuss with the Courtroom Deputy at the Final Pretrial Conference when to deliver marked exhibits. IT IS FURTHER ORDERED that the parties shall discuss any outstanding plea agreement because the Court will set a plea deadline at the conference. 1 [email protected] - 2 -

=== Order Setting Rule 16 Scheduling Conference ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. SETTING RULE ORDER SCHEDULING CONFERENCE 16 Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Scheduling Conference is set for ________ at ________ in Courtroom 504, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Scheduling Conference, it is hereby ordered as follows: A. Corporate Disclosure Statement Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure and Local Rule of Civil Procedure 7.1.1, any nongovernmental corporate party to an action or proceeding must file a Corporate Disclosure Statement. If not previously filed, the Court directs any nongovernmental corporate party to file its Corporate Disclosure Statement within 10 days of receipt of this Order. Forms are available on the Court’s website. B. Rule 26(f) Meeting and Joint Proposed Case Management Report The parties are directed to meet and confer at least 21 days before the Scheduling Conference. At this meeting, the parties shall develop a Joint Proposed Case Management Report. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting, at which 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 Defendant(s) shall promptly and cooperatively participate. The parties must jointly file the Joint Proposed Case Management Report with the Clerk of the Court at least 10 days before the Scheduling Conference. Absent extraordinary circumstances, no extensions of time will be granted. The Joint Proposed Case Management Report shall contain the following information in separately numbered paragraphs. 1. The counsel or pro se parties who attended the Rule 26(f) meeting and 2. 3. 4. 5. 6. assisted in developing the Joint Proposed Case Management Report; A list of all parties in the case, including any parent corporations or entities; A short statement of the nature of the case (no more than three pages), including a description of each claim, defense, and affirmative defense; A description of the principal factual and legal disputes in the case; The jurisdictional basis for the case, citing specific jurisdictional statutes;1 Any parties that have not been served and an explanation of why they have not been served, and any parties that have been served but have not answered or otherwise appeared. Unless counsel can otherwise show cause, a proposed form of order shall accompany the Joint Proposed Case Management Report that dismisses any party which has not been served, including fictitious and unnamed parties;2 7. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings; 8. A listing of contemplated motions and a statement of the issues to be decided 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business and (2) partnerships and limited liability companies are citizens of every state in which one of their partners, owners, or members is a citizen. See 28 U.S.C. §1332(c); Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The parties are further reminded that the use of fictitious parties (“John Doe” or “ABC Corporation”) does not create diversity jurisdiction. Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970). 2 Plaintiff(s) shall also apply under Rule 55 for default against any party who has been timely served and has not timely answered. - 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 by those motions; 9. The prospects for settlement and potential methods for conducting settlement, including (a) whether the case is suitable for reference to a United States Magistrate Judge for a settlement conference, and (b) any other request of the Court for assistance in settlement efforts; 10. Whether any aspect of the case is suitable for reference to a special master or to a United States Magistrate Judge; 11. The status of any related cases pending before this or other courts; 12. A discussion of any issues relating to preservation, disclosure, or discovery of electronically stored information (“ESI”), including the parties’ preservation of ESI and the form or forms in which it will be produced; 13. A discussion of any issues relating to claims of privilege or work product; 14. A discussion of necessary discovery within the scope of Rule 26(b)(1), and should include: a. The extent, nature, and location of discovery anticipated by the parties and why it is proportional to the needs of the case; b. Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure; c. The number of hours permitted for each deposition, unless extended by agreement of the parties. 15. Proposed deadlines for each of the following events. a. b. A deadline for amending the pleadings; A deadline for lodging a proposed Joint Stipulated Protective Order with the Court, if desired; c. A deadline for completing fact discovery. This will also be the deadline for pretrial disclosures pursuant to Rule 26(a)(3). Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by the 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 including time to resolve discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline; d. Dates for full and complete expert disclosures and rebuttal expert disclosures, if any, and a date for expert discovery cut-off; e. Case-specific deadlines and dates, such as the deadline to file a motion for class certification, the deadline to file a motion for dismissal or summary judgment based on qualified immunity, a date on which the parties are available for a Markman hearing, if applicable, and a deadline to file dispositive motions; f. A date by which the parties shall have engaged in good faith settlement talks and a description of settlement communications to date; g. A date by which the parties shall file a Joint Mediation Plan with the Court. 16. Whether a jury trial has been requested and whether the request for a jury trial is contested. If the request is contested, set forth the reasons why trial by jury is in dispute; 17. The estimated length of trial and any suggestions for shortening the trial; 18. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. D. Rule 16 Scheduling Conference and Order The Court directs counsel and any unrepresented parties to review Rule 16 of the Federal Rules of Civil Procedure for the objectives of the Scheduling Conference. Counsel who will be responsible for trial of the lawsuit for each party (and any party that is not represented by counsel) shall appear and participate in the Scheduling Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. - 4 - Appearance shall be in person for all attorneys based in Maricopa County. Any attorneys (including those based outside of Maricopa County) who cannot be present in person must seek leave of the Court to appear telephonically at least three business days before the Scheduling Conference. A continuance of the Scheduling Conference will be granted only for good cause. After the Scheduling Conference, the Court will enter a Scheduling Order. The Court will, absent good cause, enforce the deadlines in the Scheduling Order. The parties should plan their litigation activities accordingly. IT IS FURTHER ORDERED that within 10 days, Plaintiff(s) must serve this Order on any Defendant(s) that has not yet appeared or answered. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -

=== Order Setting Rule 16 Scheduling Conference for ERISA Cases ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. CV ORDER SETTING RULE 16 SCHEDULING CONFERENCE (ERISA) Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Scheduling Conference is set for _________________ at ___________________ in Courtroom 504, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In preparation for this Scheduling Conference, it is hereby ordered as follows: A. Corporate Disclosure Statement Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure and Local Rule of Civil Procedure (LRCiv) 7.1.1, any nongovernmental corporate party to an action or proceeding must file a Corporate Disclosure Statement. If not previously filed, the Court directs any nongovernmental corporate party to file its Corporate Disclosure Statement within 10 days of receipt of this Order. Forms are available on the Court’s website. B. Rule 26(f) Meeting and Discovery Plan The parties are directed to meet and confer at least 21 days before the Scheduling Conference. At this Rule 26(f) meeting, the parties shall develop a Joint Proposed 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 Report. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting, at which Defendant(s) shall promptly and cooperatively participate. The parties must jointly file the Joint Proposed Case Management Report with the Clerk of the Court at least 10 days before the Scheduling Conference. Absent extraordinary circumstances, no extensions of time will be granted. The Joint Proposed Case Management Report shall contain the following information in separately numbered paragraphs: 1. The counsel or pro se parties who attended the Rule 26(f) meeting and 2. 3. 4. 5. 6. assisted in developing the Joint Proposed Case Management Report; A list of all parties in the case, including any parent corporations or entities; A short statement of the nature of the case (no more than three pages), including a description of each claim, defense, and affirmative defense; A description of the principal factual and legal disputes in the case; The jurisdictional basis for the case, citing specific jurisdictional statutes;1 Any parties that have not been served and an explanation of why they have not been served, and any parties that have been served but have not answered or otherwise appeared. Unless counsel can otherwise show cause, a proposed form of order shall accompany the Joint Proposed Case Management Report that dismisses any party which has not been served, including fictitious and unnamed parties;2 7. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings; 1 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. §1332. The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business and (2) partnerships and limited liability companies are citizens of every state in which one of their partners, owners, or members is a citizen. See 28 U.S.C. §1332(c); Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The parties are further reminded that the use of fictitious parties (“John Doe” or “ABC Corporation”) does not create diversity jurisdiction. Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970). 2 Plaintiff(s) shall also apply under Rule 55 for default against any party who has been timely served and has not timely answered. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. A discussion of whether Plaintiff(s) is entitled to conduct discovery (including conflict-of-interest discovery) and, if so, the appropriate scope of discovery; 9. Proposed page limits for Plaintiff(s)’ opening brief, Defendant(s)’ response brief, and Plaintiff(s)’ reply brief. (The parties should note that the Court does not permit the filing of a separate statement of facts.); 10. The prospects for settlement and potential methods for conducting settlement, including (a) whether the case is suitable for reference to a United States Magistrate Judge for a settlement conference, and (b) any other request of the Court for assistance in settlement efforts; 11. Whether any aspect of the case is suitable for reference to a special master or to a United States Magistrate Judge; 12. The status of any related cases pending before this or other courts; 13. Proposed deadlines for each of the following events. a. If there is a dispute as to the need for and/or scope of discovery, a deadline for Plaintiff(s) to submit a seven-page brief summarizing its position and a deadline for Defendant(s) to submit a seven-page b. c. response brief. No replies may be filed; A deadline for any motion to supplement the administrative record; A deadline for the completion of fact discovery, if applicable. This deadline should occur at least four months after the deadline for the submission of the parties’ briefs concerning the need for and/or scope discovery (see subpart (a) above). Discovery requests must be served and depositions noticed sufficiently in advance of the discovery cutoff date to ensure reasonable completion by the deadline, including time to resolve further discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline; - 3 - 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 d. e. A deadline for filing the administrative record; Deadlines for submission of Plaintiff(s)’ opening brief, Defendant(s)’ response brief, and Plaintiff(s)’ reply brief; f. A date by which the parties will have engaged in face-to-face good faith settlement talks; 14. 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. C. Rule 16 Scheduling Conference and Order The Court directs counsel and any unrepresented parties to review Rule 16 of the Federal Rules of Civil Procedure for the objectives of the Scheduling Conference. Counsel for each party (and any party that is not represented by counsel) shall appear and participate in the Scheduling Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. Appearance shall be in person for all attorneys based in Maricopa County. Any attorneys (including those based outside of Maricopa County) who cannot be present in person must seek leave of the Court to appear telephonically at least three business days before the Scheduling Conference. A continuance of the Scheduling Conference will be granted only for good cause. A continuance of the Scheduling 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 Rule 16(b). After the Scheduling Conference, the Court will enter a Scheduling Order. The Court will, absent good cause, enforce the deadlines in the Scheduling Order. The parties should plan their litigation activities accordingly. IT IS FURTHER ORDERED that within 10 days, Plaintiff must serve this Order on any Defendant that has not yet appeared or answered. Dated this ___ day of ____, ____. - 4 -

=== Scheduling Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, SCHEDULING ORDER No. , v. , Defendant. Pursuant to the Joint Case Management Report (Doc. __), The Court enters the following Scheduling Order to govern the litigation in this case: 1. Deadline for Joinder, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, filing a motion to amend the pleadings, and filing supplemental pleadings is ________________. 2. Discovery Limitations. a. Depositions shall be limited as provided by Rules 30 and 31 of the Federal Rules of Civil Procedure. Notwithstanding any provisions of the Federal Rules of Civil Procedure, non-party witnesses shall not be permitted to attend (either physically, electronically, or otherwise) the deposition of any other witness in this case without an order of this Court. b. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 admissions, including subparts. The Federal Rules of Civil Procedure do not permit “general” or “global” objections. The Court will therefore neither consider nor rule on objections that are not specific to the individual interrogatory or request propounded. c. If desired, a proposed Joint Stipulated Protective Order must be lodged with the Court no later than ________________. 3. Fact Discovery. The deadline for the completion of fact discovery, including discovery by subpoena, shall be ____________. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to start at least five business days before the discovery deadline. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the fact discovery deadline. c. Notwithstanding Local Rule of Civil Procedure 7.3, the parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the deadlines set forth in this Order. 4. Expert Disclosure and Discovery. a. The party with the burden of proof on an issue shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than _____________. b. The responding party (not having the burden of proof on the issue) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than _____________. c. The party with the burden of proof on the issue shall make its rebuttal - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expert disclosures, if any, no later than _____________. Rebuttal experts shall be limited to responding to opinions stated by the opposing party’s experts. d. 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 disclosure deadlines set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify, but must also provide a summary of the facts and opinions to which the witness will testify. The summary must be sufficiently detailed to provide fair notice of what the witness will say at trial.1 e. No depositions of any expert witnesses shall occur before the aforementioned disclosures concerning expert witnesses are made. f. Expert depositions shall be completed no later than _____________. As with fact witness depositions, expert depositions shall be scheduled to commence at least five calendar days before the deadline. g. As stated in the Advisory Committee Notes to Rule 26 of the Federal Rules of Civil Procedure (1993 amendment), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above. Absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. The Court notes, however, that it may permit parties to present opinions of their experts that were elicited by opposing counsel during depositions of the experts. Counsel should depose experts with this fact in mind. 1 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h. Each side shall be limited to one retained or specifically employed expert witness per issue. 5. Discovery Disputes. a. Except as otherwise specified in this Paragraph 5, motions to compel discovery shall be governed by Rule 37 of the Federal Rules of Civil Procedure and Local Rule of Civil Procedure 37.1. In the course of written discovery, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file (1) a joint motion containing a written summary of the dispute, not to exceed three pages, with explanation of the position taken by each party, and (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere efforts as required by Local Rule of Civil Procedure 7.2(j). If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the joint motion, the Court may set a telephonic conference or in-person proceeding, order supplemental briefing, or decide the dispute by relying on the joint motion. b. If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court, the parties shall jointly telephone the Court to request a telephone conference regarding the dispute. c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. Delay in presenting discovery disputes for resolution is not a basis for extending discovery deadlines. d. The parties are strongly encouraged to resolve discovery disputes mutually and without expending judicial resources. To that end, and under the appropriate circumstances, the Court will give serious consideration to the payment of expenses as - 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 provided for in Rule 37(a)(5) of the Federal Rules of Civil Procedure. 6. Dispositive Motions. a. Dispositive motions and motions challenging expert opinion testimony shall be filed no later than ______________. b. No party or parties represented by at least one of the same counsel shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure without leave of the Court. c. Local Rule of Civil Procedure 56.1 is suspended, except for subsection (d). The Court will decide summary judgment motions under Federal Rule of Civil Procedure 56 only. The parties may not file separate statements of facts or separate controverting statements of facts, but instead must include all facts in the motion, response, or reply itself. All evidence to support a motion or response must be attached to the motion or response. The evidence may include only relevant excerpts rather than full documents. No new evidence may be submitted with a reply. A reply may cite only evidence attached to the motion or response. No party shall presume that the Court will scour the record for facts or theories that might support either party’s case. See Claar v. Burlington N. R.R. Co., 29 F.3d 499, 504 (9th Cir. 1994). The Court will rely solely upon the attached evidence to verify facts asserted in the motion, response, or reply. Each citation to evidence to support a fact must include a pin citation to at least one page that proves that fact. Because no separate controverting statement of facts will be permitted, the responding party must carefully address all material facts raised in the motion. Likewise, the reply must carefully address all material facts raised in the response. Any fact that is not addressed may be deemed by the Court to be uncontested. d. Organizationally, immediately following the document containing the motion and supporting memorandum, the moving party shall attach a numerical table of contents. Each piece of evidence listed in the table of contents shall be attached to the table of contents in numerical order. Immediately following the document containing the - 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 response and supporting memorandum, the responding party shall attach an alphabetical table of contents. Each piece of evidence listed in the table of contents shall be attached to the table of contents in alphabetical order. By way of example, citations to exhibits attached to the motion would be “(Ex. 1 at 7)” and citations to exhibits attached to the response would be “(Ex. D at 3).” e. A party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). Where oral argument does not aid the Court’s decision, the Court may decline the request and decide the motion without holding oral argument. If the request is granted, the Court will issue a minute entry informing the parties of the argument date and time. The minute entry may specify particular issues that the Court deems worthy of attention. 7. Motions for Attorneys’ Fees. All motions for an award of attorneys’ fees shall be accompanied by an electronic Microsoft Excel spreadsheet, to be emailed to the Court and opposing counsel, containing an itemized statement of legal services with all information required by Local Rule 54.2(e)(1). This spreadsheet shall be organized with rows and columns and shall automatically total the amount of fees requested to enable the Court to efficiently review and recompute, if needed, the total amount of any award after disallowing any individual billing entries. This spreadsheet does not relieve the moving party of its burden under Local Rule 54.2(d) to attach all necessary supporting documentation to its motion. A party opposing a motion for attorneys’ fees shall email to the Court and opposing counsel a copy of the moving party’s spreadsheet, adding any objections to each contested billing entry (next to each row, in an additional column) to enable the Court to efficiently review the objections. This spreadsheet does not relieve the non-moving party of the requirements of Local Rule 54.2(f) concerning its responsive memorandum. 8. Good Faith Settlement Talks. - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All parties and their counsel shall meet in person and engage in good faith settlement talks no later than ______________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in further settlement efforts. The Court will set a settlement conference before a Magistrate Judge upon request of all parties. The parties shall promptly notify the Court if settlement is reached. 9. Joint Mediation Plan. Counsel shall meet and confer and submit a joint mediation plan that identifies: (1) whether the parties wish to pursue private mediation or request a settlement conference before a Magistrate Judge; (2) when they plan to schedule their mediation or settlement conference to occur; and (3) any other information the parties believe that Court should be made aware. The joint mediation plan shall be filed with the Court no later than ________. If the parties elect private mediation, but cannot agree on a mediator, each party shall identify no more than three mediators in the joint report and attach helpful background information. The Court will then select from the names submitted. 10. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring text no smaller than 13 point font in text and footnotes for proportional font sizes, and no smaller than 10 pitch in text and footnotes for fixed-pitch type sizes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. c. A party moving for an extension of time, enlargement of page limitations, leave to amend, or leave to file a document under seal shall indicate in the - 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 motion whether the non-movant opposes the request and intends to file a written response. If the non-movant has refused to provide a position on the request, the moving party shall describe the efforts made to consult. 11. Pre-motion Conference If the parties or the Court believe it may be assistive, the Court may hold a conference with the parties before motions for summary judgment are filed. The purpose of the conference would be to narrow issues and focus the briefing. In those cases, the parties shall exchange two-page letters describing any anticipated motions for summary judgment and responses, identifying the issues and claims on which summary judgment will be sought, and the basis for the motions and response. The deadline for the parties to file these letters with the Court shall be 60 days prior to the dispositive motion deadline. Once filed, the parties shall call the Court the same day to schedule a time for a pre-motion Conference. 12. Deadline for Notice of Readiness for Final Pretrial Conference. The Plaintiff(s) shall notify the Court that the parties are ready for scheduling a Final Pretrial Conference pursuant to Rule 16(e) of the Federal Rules of Civil Procedure. The Plaintiff(s) shall file and serve this notice within seven days after the dispositive motion deadline if no dispositive motions are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve such notice within seven days after the resolution of the dispositive motions. The Court will then issue an Order Setting Final Pretrial Conference. 13. The Deadlines Are Real. The Court will, absent a showing of good cause, enforce the deadlines set forth in this Order, and the parties should plan their litigation activities accordingly. Failure to meet any of the deadlines in this Order or in the Federal or Local Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. - 8 - 14. Requirement for Paper Courtesy Copies. A paper courtesy copy of dispositive motions and any responses or replies thereto shall be either postmarked and mailed to the Judge or hand-delivered to the Judge’s mailbox located in the Clerk’s office by the next business day after the electronic filing. Please do not attempt to deliver documents to the Judge’s chambers. A copy of the face page of the Notice of Electronic Filing shall be appended to the last page of the courtesy copy. Courtesy copies of documents too large for stapling must be bound with a metal prong fastener at the top center of the document or submitted in three-ring binders. 15. Court Hearings Are In Person. Unless otherwise indicated by Court order, counsel are expected to attend court hearings in person. The Court may grant a motion for leave to appear telephonically. A motion for leave to appear telephonically must be filed at least 7 days before a hearing and indicate the position of all other parties. Counsel are advised that convenience and cost savings typically are not considered good cause for granting leave. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 9 -

=== Scheduling Order for ERISA Cases ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , Plaintiff, Defendant. No. CV SCHEDULING ORDER (ERISA) This is an ERISA case. The Court enters the following Scheduling Order to govern the litigation in this case: 1. MIDP. This case is exempt from the Mandatory Initial Discovery Pilot Project. 2. Deadline for Joinder, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is _______________ days from the date of this Order. 3. Initial Briefs Regarding Discovery. If there is a dispute as to the need for and/or scope of discovery, the deadline for Plaintiff(s) to submit a brief concerning its position shall be ______________. This brief may be no longer than seven pages long, must identify—with specificity—any interrogatories, document requests, requests for admission, and/or depositions that Plaintiff(s) would like to pursue, and must set forth any legal authority supporting Plaintiff(s)’ position. The deadline for Defendant(s) to file a 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 response, which may not exceed seven pages in length, shall be ___________. No replies may be filed. 4. Motions to Supplement the Administrative Record. Any motion to supplement the administrative record must be filed by: ___________. 5. 6. No Experts. No expert reports may be filed. Fact Discovery. If fact discovery is authorized by the Court or conducted via the joint agreement of the parties, the deadline for completion shall be ____________. To ensure compliance with this deadline, the following rules shall apply: a. Depositions: All depositions shall be scheduled to start at least five business days before the discovery deadline. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least 45 days before the fact discovery deadline. c. Notwithstanding Local Rule of Civil Procedure 7.3, the parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not alter or extend the deadlines set forth in this Order. d. Notwithstanding any provisions of the Federal Rules of Civil Procedure, non-party witnesses shall not be permitted to attend (either physically, electronically, or otherwise) the deposition of any other witness in this case without an order of this Court. 7. Discovery Disputes. a. Except as otherwise specified in this Paragraph 7, motions to compel discovery shall be governed by Rule 37 of the Federal Rules of Civil Procedure and Local Rule of Civil Procedure 37.1. If relevant, in the course of written discovery, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through - 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 personal consultation (in person or by telephone), the parties shall jointly file (1) a brief written summary of the dispute, not to exceed three pages, with explanation of the position taken by each party, and (2) a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere efforts as required by Local Rule of Civil Procedure 7.2(j). If the opposing party has refused to personally consult, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the written submission, the Court may set a telephonic conference or in-person proceeding, order supplemental briefing, or decide the dispute by relying on the brief written summary. b. If a discovery dispute arises in the course of a deposition and requires an immediate ruling of the Court, the parties shall jointly telephone the Court to request a telephone conference regarding the dispute. c. Absent extraordinary circumstances, the Court will not entertain discovery disputes after the deadline for completion of discovery. Delay in presenting discovery disputes for resolution is not a basis for extending discovery deadlines. d. The parties are strongly encouraged to resolve discovery disputes mutually and without expending judicial resources. To that end, and under the appropriate circumstances, the Court will give serious consideration to the payment of expenses as provided for in Rule 37(a)(5) of the Federal Rules of Civil Procedure. 8. Filing the Administrative Record. The deadline for filing the administrative record shall be _______________. 9. Dispositive Motions. a. Plaintiff(s)’ opening brief shall be filed no later than _____________. Defendant(s)’ response brief shall be filed no later than_____________. Plaintiff(s)’ reply shall be filed no later than _____________. b. Plaintiff(s)’ opening brief and Defendant(s)’ response brief shall be no longer than _______ pages. and Plaintiff(s)’ reply shall be no longer than _______ pages. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. The parties may not file separate statements of facts or separate controverting statements of facts, and instead must include all facts in the opening brief, response, or reply itself, supported by citations to the administrative record. d. A party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion pursuant to Local Rule of Civil Procedure 7.2(f). Where oral argument does not aid the Court’s decision, the Court may decline the request and decide the motion without holding oral argument. If the request is granted, the Court will issue a minute entry informing the parties of the argument date and time. The minute entry may specify particular issues that the Court deems worthy of attention. 10. Motions for Attorneys’ Fees. All motions for an award of attorneys’ fees shall be accompanied by an electronic Microsoft Excel spreadsheet, to be emailed to the Court and opposing counsel, containing an itemized statement of legal services with all information required by Local Rule 54.2(e)(1). This spreadsheet shall be organized with rows and columns and shall automatically total the amount of fees requested to enable the Court to efficiently review and recompute, if needed, the total amount of any award after disallowing any individual billing entries. This spreadsheet does not relieve the moving party of its burden under Local Rule 54.2(d) to attach all necessary supporting documentation to its motion. A party opposing a motion for attorneys’ fees shall email to the Court and opposing counsel a copy of the moving party’s spreadsheet, adding any objections to each contested billing entry (next to each row, in an additional column) to enable the Court to efficiently review the objections. This spreadsheet does not relieve the non-moving party of the requirements of Local Rule 54.2(f) concerning its responsive memorandum. 11. Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than ______________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set - 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 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 further settlement efforts. The Court will set a settlement conference before a Magistrate Judge upon request of all parties. The parties shall promptly notify the Court if settlement is reached. 12. The Deadlines Are Real. The Court will, absent a showing of good cause, enforce the deadlines set forth in this Order, and the parties should plan their litigation activities accordingly. Failure to meet any of the deadlines in this Order or in the Federal or Local Rules of Civil Procedure without substantial justification may result in sanctions, including dismissal of the action or entry of default. 13. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring text no smaller than 13 point font in text and footnotes for proportional font sizes, and no smaller than 10 pitch in text and footnotes for fixed-pitch type sizes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. c. A party moving for an extension of time, enlargement of page limitations, leave to amend, or leave to file a document under seal shall indicate in the motion whether the non-movant opposes the request and intends to file a written response. If the non-movant has refused to provide a position on the request, the moving party shall describe the efforts made to consult. 14. Requirement for Paper Courtesy Copies. A paper courtesy copy of dispositive motions and any responses or replies thereto shall be either postmarked and mailed to the judge or hand-delivered to the judge’s mail box located in the Clerk’s office - 5 - by the next business day after the electronic filing. Please do not attempt to deliver documents to the Judge’s chambers. A copy of the face page of the Notice of Electronic Filing shall be appended to the last page of the courtesy copy. Courtesy copies of documents too large for stapling must be bound with a metal prong fastener at the top center of the document or submitted in three-ring binders. Dated this ___ day of ____, ____. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 6 -

=== Standard Civil Voir Dire Questions ===

Standard, Non-Case-Specific Civil Voir Dire Questions 1. Read statement of the case. • • Have any of you read or heard anything about this case from any source whatsoever? 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? • Do any of you know the plaintiff, [name], or the defendant, [name]? 2. Introduce self and staff: [courtroom deputy], [court reporter], and [law clerk]. Do any of you know me or any member of my staff on any basis, social, professional or otherwise? 3. The Plaintiff is represented by [attorney] of the law firm of [firm name]. Counsel please stand. • • Do any of you know Plaintiff’s counsel or any of the employees in their office on any basis, social, professional or otherwise? Counsel, please introduce your client and those present at counsel table. ▪ Do any of you know these individuals on any basis, social, professional or otherwise? 4. The Defendant is represented by [attorney] of [law firm name]. Counsel, please stand. • • Do any of you know Defendant’s counsel or any of the employees in their offices on any basis, social, professional or otherwise? Counsel, please introduce your client and those present at counsel table. ▪ Do any of you know these individuals on any basis, social, professional or otherwise? 5. The witnesses who may be called during this trial are: • [list potential witnesses] ➢ Do any of you know or think you might know any of these witnesses? 6. Do any of you have strong feelings either for or against a party who brings a lawsuit? 7. Have any of you or members of your family been a party or witness in any litigation, excluding domestic relations, traffic, or probate matters? If so, describe the circumstances. 8. This is a civil case which is to be decided by the preponderance of the evidence as to all issues. This is different from a criminal case where the government must prove its case beyond a reasonable doubt. Does anyone have a problem applying a lower burden of proof than used in a criminal case? 9. 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. Do any of you think you will have trouble following the law if you disagree with it? 10. Ladies and gentlemen, we recognize that jury service is probably an inconvenience for you, taking you away from your jobs and families and disrupting your daily routine. Jury service is, however, one of the most important duties that citizens of this country can perform. For this reason, from time to time we ask citizens to make sacrifices and serve on juries, even when inconvenient. Prospective jurors can be excused from jury service if the length of the trial or the daily schedule would impose undue hardship. By undue hardship I mean more than inconvenience -- I mean genuine hardship that would be experienced by you or your family. This case is expected to last [number of] days. Would the length of the trial create an undue hardship for any of you? 11. I expect to conduct trial on these dates and times: [days of week] [times] Would this schedule create an undue hardship for any of you? 12. 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? 13. Did any of you know each other before this morning? 14. If there are any matters that you would rather discuss privately that may affect your ability to be a fair and impartial juror, please let the Court know. 15. We have up here and on the monitors some general background questions for each of you. Please stand and answer the questions. The last question asks about your prior jury service. With respect to any juries on which you have served, please indicate the nature of the case and the outcome of the trial. A. Juror number. B. Marital status. C. Education after high school and major. D. Number of children. Ages, if under 18. E. Current job and spouse’s current job. If retired, what was your occupation? If self-employed, what type of business? F. Military service. Branch and dates. G. Prior jury service. Criminal, civil, or grand jury? Approximate dates. Nature of case and outcome/verdict if any.