Criminal Order of Referral; Exhibit List; Joint Proposed Pretrial Order - Civil; Required Notice to Court Reporter; Waiver or Non-Waiver of District Judge Disqualification; Witness List; Visiting Judges

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA IN THE MATTER OF: Change of Plea Hearings, Admit/Deny Hearings on Petitions for Revocation of Probation, and Admit/Deny Hearings on Petitions for Revocation of Supervised Release. ORDER Pursuant to 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, Fed.R.Crim.P.. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charge(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. Dated this 6th day of May, 2020. 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 -

=== Exhibit List ===

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America PLAINTIFF V. ˜ DEFENDANT EXHIBIT LIST CASE NUMBER:CR˜-˜-TUC-JGZ(˜) PRESIDING JUDGE ˜ COURTROOM DEPUTY ˜ COURT REPORTER ˜ TRIAL DATE(S) PLAINTIFF’S ATTORNEY(S) DEFENDANTS’ ATTORNEY ˜ PLF NO. ˜ ˜ DFT NO. DATE ADMITTED EXHIBITS

=== Joint Proposed Pretrial Order - Civil ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CV-TUC-JGZ Plaintiffs, JOINT PROPOSED PRETRIAL ORDER , v. , Defendants. The following are pretrial proceedings in this cause as agreed to by the parties and approved by the Court: I. NATURE OF ACTION This is an action for: (Short concise statement of the case, including the nature of the action and the relief sought.) II. STATEMENT OF JURISDICTION Statement of jurisdiction: (state the claims and cite the statutes which give this Court jurisdiction over each claim.) III. CONTENTIONS OF THE PARTIES With respect to each count of the complaint, counterclaim or cross-claim, and to any defense, affirmative defense, or the rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved in order for the party to prevail on that claim or defense. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (E.g.: In order to prevail on this products liability case, the plaintiff must prove the following elements . . . .) (E.g.: In order to defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) IV. STIPULATIONS AND UNCONTESTED FACTS State the facts that have been stipulated to or are uncontested. V. CONTESTED ISSUES OF LAW/FACT State the ultimate issues of fact and law which must be decided at trial. State only the issues of fact and law necessary and material for a verdict in this case. Each issue must be stated separately and specifically. VI. PENDING MOTIONS State all motions that remain pending on the docket as of the date of the proposed order. VII. LIST OF EXHIBITS Each party must submit with this proposed order a list of numbered exhibits, with a description of each containing sufficient information to identify the exhibit, and indicating whether an objection to its admission is anticipated. Exhibits should be marked according to instructions received from the court. VIII. LIST OF WITNESSES A jointly prepared list of witnesses, identifying each as either plaintiff’s or defendant’s and indicating whether a fact or expert witness must accompany this proposed order. A brief statement as to the testimony of each expert witness must be included. IX. FOR A BENCH TRIAL Trial briefs, objections to exhibits, motions in limine, stipulations, and proposed findings of fact and conclusions of law shall be filed and served thirty (30) days prior to trial. // - 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 X. FOR A JURY TRIAL Proposed voir dire, objections to exhibits, deposition testimony, stipulations, and trial memoranda shall be filed thirty (30) days before trial. Stipulated jury instructions and verdict forms shall be filed thirty (30) days before trial. Instructions which are not agreed upon, and a concise argument in support of the instruction shall be filed and served upon each party thirty (30) days before trial. Immediately after the explanation supporting the disputed jury instruction, the opposing party shall briefly explain why that instruction is inappropriate and cite authority to support the opposition. Where applicable, the objecting party shall submit an alternative proposed instruction covering the subject or issue of law. The parties shall also indicate if the verdict forms are stipulated forms. Motions in limine shall be filed thirty (30) days before trial. Any opposition shall be filed and served fourteen (14) days thereafter. XI. PROBABLE LENGTH OF TRIAL Each party shall identify the estimated length of time it will take to present its case. XII. CERTIFICATION The undersigned counsel for each of the parties in this action do hereby approve and certify to 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: (a) is in existence; (b) is numbered, and (c) has been disclosed and shown to opposing counsel. XIII. ADOPTION The court may adopt this proposed Joint Pretrial Order at the Pretrial Conference or subsequent hearing. _____________________________ Attorney for Plaintiff(s) ___________________________ Attorney for Defendant(s) - 3 -

=== Required Notice to Court Reporter ===

REQUIRED NOTICE TO COURT REPORTER Five days prior to any oral argument, hearing, or trial, counsel must provide a Notice to Court Reporter to facilitate the creation of an accurate record. The Notice shall contain the following information that may be used during the proceeding: 1. Proper names, including those of witnesses. 2. Acronyms. 3. Geographic locations. 4. Technical/medical terms, names, or jargon. 5. Table of authorities, in alphabetical order, which includes all the authorities on which the parties will rely at the proceeding. The Notice to Court Reporter need not be filed but must be provided by email to Judge Zipps’ Court Reporter, Linda Parks, [email protected], with a courtesy copy to Judge Zipps’ Chambers, [email protected].

=== Waiver or Non-Waiver of District Judge Disqualification ===

Warning: DO NOT E-FILE THIS RESPONSE THROUGH CM/ECF (PACER) AND DO NOT COPY OTHER COUNSEL OF RECORD. United States v. _________________________ Case No. ____________________ WAIVER or NON-WAIVER of District Judge Disqualification I have consulted with my client concerning the Clerk’s Notice that Judge Jennifer G. Zipps intends to disqualify herself from this case because her impartiality might reasonably be questioned. _______ Plaintiff/Defendant WAIVES this disqualification and is willing to proceed forward with Judge Zipps presiding. _______ Plaintiff/Defendant DOES NOT WAIVE this disqualification. (Sign and Print Name of Attorney of Record) Attorney for____________________________________________________________________ Fill in “USA” or defendant’s name SUBMIT THE ABOVE RESPONSE DIRECTLY TO THE CLERK OF COURT BY EMAIL TO: [email protected]. RESPONSE IS DUE WITHIN TEN (10) DAYS OF THE DATE OF THIS NOTICE. Note: DO NOT E-FILE THIS RESPONSE THROUGH CM/ECF (PACER) AND DO NOT COPY OTHER COUNSEL OF RECORD.

=== Witness List ===

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, PLAINTIFF V. WITNESS LIST CR˜-˜-TUC-JGZ(˜) ˜ DEFENDANT PRESIDING JUDGE ˜ TRIAL/HEARING DATE ˜ COURTROOM DEPUTY ˜ PLAINTIFF ATTORNEY(S) ˜ COURT REPORTER ˜ DEFENDANT ATTORNEY(S) ˜ PLF DFT DATE SWORN DATE APPEARED WITNESSES Under Rule

=== Visiting Judges ===

The following judges have been assigned civil cases in the District of Arizona. In addition to their mailing addresses and telephone numbers, included are the email addresses for proposed orders only. Honorable Jennifer Choe-Groves United States Court of International Trade James L. Watson US Court of International Trade Building 1 Federal Plaza, Room 660 New York, NY 10278‑0001 PROPOSED ORDERS: [email protected] Honorable Gonzalo P. Curiel Senior United States District Judge Edward J. Schwartz United States Courthouse 221 West Broadway, Room 2190 San Diego, CA 92101 PROPOSED ORDERS: [email protected] Honorable David A. Ezra United States District Court John H. Wood, Jr. United States Courthouse 655 East Cesar E. Chavez Boulevard, 3rd Floor San Antonio, TX 78206 PROPOSED ORDERS: [email protected] Updated 10/01/2024