Criminal Order of Referral; Joint Pretrial Memorandum - Criminal; Order Requiring 26(f) Report – ERISA Case; Order Requiring Rule 26(f) Report; Order Setting Final Pretrial Conference – Criminal; Order Setting Jury Trial and Final Pretrial Conference - Civil; Preliminary Order

=== 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; • Admissions to violations of Supervised Release or Probation; • 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) 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 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 6th day of February, 2025. - 2 -

=== Joint Pretrial Memorandum - Criminal ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America No. CR Plaintiff, JOINT PRETRIAL MEMORANDUM v. , Defendant(s). Following is the Joint Pretrial Memorandum to be considered at the Final Pretrial Conference in this case set for _______________ at _________________. A. Trial Counsel Provide the mailing address, email address, office number, and cell number for: Plaintiff(s): Defendant(s): B. Counts 1. Identify all counts contained in the indictment (or superseding indictment) that will be tried by jury; 2. Identify all counts, if any, in the indictment (or superseding indictment) that have been dismissed; and 3. Identify all counts, if any, the government intends to dismiss before trial. C. Forfeiture Allegations 1. Identify any forfeiture allegation contained in the indictment (or superseding indictment), whether any forfeiture allegation in the indictment (or superseding 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 indictment) has been dismissed, or whether the government intends to dismiss any forfeiture allegation in the indictment (or superseding indictment) before trial. 2. 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. D. Notices Identify all Notices of the Government’s Intent to Use Evidence. E. Motions in Limine Identify all pending motions in limine. F. Other Motions Identify all pending motions (other than motions in limine). G. Stipulations Identify and describe any stipulation that may be read or otherwise presented to the jury and treated as having been proved at trial. H. Numbers of Witnesses and Exhibits Identify the approximate number of witnesses to be called and exhibits to be offered at trial. I. 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 Statements* ___ hours: Government’s Case (including rebuttal) ___ hours: Defendant’s Case ___ hours: Closing Arguments* ___ hours: Total * If there is more than one defendant, provide an estimate of time for each one. - 2 - J. Interpreter State whether an interpreter will be needed at trial. K. Special Equipment Needs. State whether the parties will need any special audiovisual (or other) equipment at trial. L. Procedures for Expediting Trial The parties must 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. The parties are invited to email to [email protected] 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. The parties must also discuss and report whether any party will need special audiovisual (or other) equipment at trial. Additionally, if any party will need the assistance of an interpreter or accessibility accommodations for a disability or impairment, that party is invited to send an email to [email protected]. M. Additional Documents The stipulated joint statement of the case, master witness list, proposed forms of verdict, proposed jury instructions, and juror questionnaire must be filed in accordance with the instructions contained in the Order setting Final Pretrial Conference. _______________________ Attorney for United States ____________________ Attorney for Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 -

=== Order Requiring 26(f) Report – ERISA 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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , v. , No. CV- Plaintiff(s), ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE (ERISA Case) Defendant(s). Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties’ Rule 26(f) Joint Case Management Report. Additionally, the Court is scheduling a Case Management Conference. After reviewing the Rule 26(f) report, the Court may vacate the Case Management Conference if the parties or Court do not believe one is necessary. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed within 30 days of this order. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and prepare the Joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Joint Case Management Report. The Joint Case Management Report shall contain the following information in separately-numbered paragraphs. 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 1. The parties who attended the Rule 26(f) meeting and assisted in developing the Joint Case Management Report; 2. A list of all parties in the case, including any parent corporations or entities (for recusal purposes), except for those entities which were already listed on the relevant party’s corporate disclosure statement; 3. 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; 4. A statement of whether any party expects to add additional parties to the case or otherwise amend pleadings; 5. The names of any parties not subject to the Court’s personal (or in rem) jurisdiction; 6. A short statement of the nature of the case (no more than three pages), including a description of each claim, defense, and affirmative defense; 7. A discussion of whether Plaintiff(s) is entitled to conduct discovery (including conflict-of-interest discovery) and, if so, the appropriate scope of discovery; 8. Whether the case is suitable for reassignment to a United States Magistrate Judge for all purposes or suitable for referral to a United States Magistrate Judge for a settlement conference; 9. The status of any related cases pending before this or other courts; 10. Proposed deadlines for each of the following events. In proposing deadlines, the parties should keep in mind the Case Management Order will contain deadlines to govern this case, and once the dates have been set the Court will vary them only upon a showing of good cause. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years (calculated from the date the initial complaint is filed) must be accompanied by a certification stating the client is aware - 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 of and approves of the requested extension. The Court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. The parties must propose the following: a. b. A deadline for filing the administrative record; If there is a dispute as to the need for and/or scope of discovery and/or as to the standard of review, a deadline for Plaintiff(s) to file a motion, not to exceed seven pages, entitled “Motion for ERISA Discovery/Standard of Review Determination,” summarizing Plaintiff(s)’ position and a deadline for Defendant(s) to submit a seven-page response brief. No replies may be filed. These deadlines should be set as soon as practicable; c. A deadline for amending the pleadings and a deadline for any motion to supplement the administrative record. These deadlines should occur well before Plaintiff(s)’ opening brief is due; d. 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 of discovery and/or standard of review (see subpart (a) above) so the parties have sufficient time to complete whatever discovery is authorized by the Court. Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by the deadline, including time to resolve discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline; e. Deadlines for submission of Plaintiff(s)’ opening brief, Defendant(s)’ response brief, and Plaintiff(s)’ reply brief. Please note that the Court does not permit the filing of separate statements of facts; and - 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 f. A date by which the parties shall have engaged in face-to-face good faith settlement talks. 11. 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; and 12. A statement indicating whether the parties would prefer that the Court hold a Case Management Conference before issuing a scheduling order—and, if so, an explanation of why the conference would be helpful. IT IS FURTHER ORDERED that within ten days of this order, Plaintiff(s) must serve this order on any defendant that has not yet appeared or answered. IT IS FURTHER ORDERED the parties shall file a proposed Case Management Order – ERISA Case containing all the proposed dates at the same time they file the Rule 26(f) Case Management Report. The proposed Case Management Order – ERISA Case must also be emailed in Word format to [email protected]. The Court’s Case Management Order – ERISA Case template is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. IT IS FURTHER ORDERED a Case Management Conference is set for Click or tap to enter a date. in Courtroom 502, Sandra Day O’Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. Counsel who will be responsible for trial of the lawsuit for each party, and any party not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. All attorneys and unrepresented parties based in Maricopa County shall appear in person. Any attorneys (including those based outside of Maricopa County) who cannot be present in person must seek leave of the Court to appear by Zoom at least 3 business days before the Case Management Conference. A continuance of the Case Management Conference will be granted only for good cause. Dated this ___ day of ____, ____. - 4 -

=== Order Requiring Rule 26(f) Report ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff(s), ORDER REQUIRING RULE 26(f) REPORT No. CV- , v. , Defendant(s). Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties’ Rule 26(f) Joint Case Management Report. Additionally, the Court is scheduling a Case Management Conference. After reviewing the Rule 26(f) report, the Court may vacate the Case Management Conference if the parties or Court do not believe one is necessary. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed within 30 days of this order. It is the responsibility of Plaintiff(s) to initiate the Rule 26(f) meeting and prepare the Joint Case Management Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) meeting and assist in preparation of the Joint Case Management Report. The Joint Case Management Report shall contain the following information in separately-numbered paragraphs. 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 1. The parties who attended the Rule 26(f) meeting and assisted in developing the Joint Case Management Report; 2. A list of all parties in the case, including any parent corporations or entities (for recusal purposes), except for those entities which were already listed on the relevant party’s corporate disclosure statement; 3. For any parties that have not been served, an explanation of why they have not been served, and a list of any parties that have been served but have not answered or otherwise appeared; 4. A statement of whether any party expects to add additional parties to the case or otherwise amend pleadings; 5. The names of any parties not subject to the Court’s personal (or in rem) jurisdiction; 6. A description of the basis for the Court’s subject matter jurisdiction, citing specific jurisdictional statutes. 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; 7. A short statement of the nature of the case, setting forth the factual and legal basis of the claims and defenses (no more than one page per side); 8. A list of the elements of proof necessary for each count of the complaint and each affirmative defense. Where the burden of proof shifts, each party shall list the elements of the claim or defense that the party must prove in order to prevail. The list of the elements of proof must contain citations to relevant legal authority (i.e., United States statutory and/or administrative law, U.S. Supreme Court case law, Ninth Circuit Court of Appeals case law, Arizona state case and statutory law, or other authority as dictated by conflicts of law rules); 9. A list of contemplated motions and a statement of the anticipated issues to be decided by those motions; - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Whether the case is suitable for reassignment to a United States Magistrate Judge for all purposes or suitable for referral to a United States Magistrate Judge for a settlement conference; 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, which should take into account the December 1, 2015 amendments to Rule 26(b)(1) and should include: a. The extent, nature, and location of discovery anticipated by the parties and why it is proportional to the needs of the case; b. Suggested changes, if any, to the discovery limitations imposed by the Federal Rules of Civil Procedure; c. The number of hours permitted for each deposition. The parties also should consider whether a total number of deposition hours should be set in the case, such as twenty total hours for plaintiffs and twenty total hours for defendants. Such overall time limits have the advantage of providing an incentive for each side to be as efficient as possible in each deposition, while also allowing parties to allocate time among witnesses depending on the importance and complexity of subjects to be covered with the witnesses; 15. Proposed deadlines for each of the following events. In proposing deadlines, the parties should keep in mind the Case Management Order will contain deadlines to govern this case and once the dates have been set the Court will vary them only upon a showing of good cause. A request by counsel for extension of discovery deadlines in any case that has been pending more than two years (calculated from the date the initial complaint - 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 is filed) must be accompanied by a certification stating the client is aware of and approves of the requested extension. The Court does not consider settlement talks or the scheduling of mediations to constitute good cause for an extension. The parties must propose the following: a. A deadline for the completion of fact discovery, which will also be the deadline for pretrial disclosures pursuant to Rule 26(a)(3). This deadline is the date by which all fact discovery must be completed. Discovery requests must be served and depositions noticed sufficiently in advance of this date to ensure reasonable completion by the deadline, including time to resolve discovery disputes. Absent extraordinary circumstances, the Court will not entertain discovery disputes after this deadline; b. Dates for full and complete expert disclosures and rebuttal expert c. d. e. f. disclosures, if any; A deadline for completion of all expert depositions; A date by which any Rule 35 physical or mental examination will be conducted if such an examination is required by any issues in the case; A deadline for filing dispositive motions; Case-specific deadlines and dates, such as the deadline to file a motion for class certification or a date on which the parties are available for a Markman (patent claim construction) hearing; and g. A date by which the parties shall have engaged in face-to-face good- faith settlement talks; 16. Whether a jury trial has been requested and whether the request for a jury trial is contested, setting forth the reasons if the request is contested; 17. 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 - 4 - Civil Procedure 1; and 18. A statement indicating whether the parties would prefer that the Court hold a Case Management Conference before issuing a scheduling order—and, if so, an explanation of why the conference would be helpful. IT IS FURTHER ORDERED that within ten days, Plaintiff(s) must serve this order on any defendant that has not yet appeared or answered. IT IS FURTHER ORDERED the parties shall file a proposed Case Management Order containing all the proposed dates at the same time they file the Rule 26(f) Case Management Report. The proposed Case Management Order must also be emailed in Word format to [email protected]. The Court’s Case Management Order template is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. IT IS FURTHER ORDERED a Case Management Conference is set for Click or tap to enter a date. in Courtroom 502, Sandra Day O’Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. Counsel who will be responsible for trial of the lawsuit for each party, and any party not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. All attorneys and unrepresented parties based in Maricopa County shall appear in person. Any attorneys (including those based outside of Maricopa County) who cannot be present in person must seek leave of the Court to appear by Zoom at least 3 business days before the Case Management Conference. A continuance of the Case Management Conference will be granted only for good cause. 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 - 5 -

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, No. CR Plaintiff, ORDER SETTING FINAL PRETRIAL CONFERENCE v. , Defendant(s). Pursuant to Federal Rule of Criminal Procedure 17.1, a Final Pretrial Conference has been set for _________ in Courtroom 502, 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. The attorneys (or pro se parties) who will be responsible for the trial of the case, as well as the defendant, must attend the Final Pretrial Conference. The attendees must bring their calendars and be prepared to discuss trial scheduling. 2. Joint Pretrial Memorandum. The parties must jointly develop and file with the Clerk of Court, at least seven days before the Final Pretrial Conference, a Joint Pretrial Memorandum. The parties must exchange drafts of the Joint Pretrial Memorandum no later than seven days before the submission deadline. The Joint Pretrial Memorandum must include the information prescribed in the “Joint Pretrial 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 Memorandum” form that is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. The information may not be set forth in the form of a question and must be presented in concise narrative statements. 3. Notices Of Intent. All Notices of the Government’s Intent to Use Evidence must be filed and served at least seven days before the Final Pretrial Conference. Untimely notices are subject to being summarily denied or stricken by the Court. 4. Expert Disclosures. For expert witness testimony a party intends to use during its case in chief at trial, the party must disclose the information required by Rule 16(a)(1)(G) or Rule 16(b)(1)(C) no later than 45 days before the Final Pretrial Conference. For expert witness testimony a party intends to use to rebut expert witness testimony disclosed by the opposing party, the party must disclose the information required by Rule16(a)(1)(G) or Rule 16(b)(1)(C) no later than 30 days before the Final Pretrial Conference. 5. Marking of Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial no later than seven days before the submission deadline for the Final Pretrial Conference. During this meeting, the parties also must eliminate any duplicate exhibits.1 Further information about the Court’s exhibit marking procedures can be found in the document entitled “Exhibit Marking Instructions,” which is available at www.azd.uscourts.gov under: Judges’ Info → Orders, Forms and Procedures → Standard Forms Used by All Phoenix Judges. During trial, the parties must advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel 1 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. The parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 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 before being offered. 6. Motions in Limine, Daubert Motions, and Trial Memoranda. The parties must file all motions in limine no later than fourteen days before the Final Pretrial Conference. Each party may file no more than ten motions in limine. Responses must be filed no later than seven days before the Final Pretrial Conference. No replies are permitted. Each motion in limine must include proposed language for the order being sought from the Court, and the proposed language must state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Each motion and response must not exceed three pages in length. Each motion must include a certification pursuant to LRCiv 7.2(l). See LRCrim 12.1(a). Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. The parties must file all motions challenging the admissibility of expert testimony no later than fourteen days before the Final Pretrial Conference. Responses must be filed no later than seven days before the Final Pretrial Conference. Replies must be filed no later than three days before the Final Pretrial Conference. LRCiv 7.2(e) governs the briefing of such motions. Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. The Court notes that trial memoranda often serve as a better vehicle than motions in limine for parties to address anticipated evidentiary issues. Trial memoranda of no more than seventeen pages may be filed on the same date the parties file the Joint Pretrial Memorandum. Trial memoranda may be used for parties to brief, in advance of trial, their position as to the admissibility of particular pieces of evidence (or categories of evidence). Additionally, trial memoranda may be used to brief other types of issues that are anticipated to arise at trial, such as claims related to the sufficiency of the evidence. The Court thus encourages the parties to carefully assess whether issues that might be raised in a motion in limine would be better raised in a trial memorandum. The Court further encourages the parties to raise in a trial memorandum any issues the Court should be aware of before trial. - 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 7. Other Case-Related Documents. The parties must, at least seven days before the Final Pretrial Conference, file the following documents and (and submit copies of these documents in Word format to [email protected]): a. A stipulated joint statement of the case, which will be read to the jury during voir dire. b. A joint master list of the names of every witness who may be called at trial, , along with pronunciation information for uncommon names, to be used during voir dire. c. Joint proposed forms of verdict, including any proposed special verdict forms or juror interrogatories. d. A joint set of proposed jury instructions. The parties must set forth the full text of each proposed jury instruction and must indicate when the instruction should be given (e.g., preliminary, midtrial, and/or final). The joint set must be organized into four sections based on the following categories: (1) A list of all applicable Ninth Circuit Model Criminal Jury Instructions, which are available 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” (the Government) or “DF” (defendant). For model instructions that have bracketed options or placeholders, the parties shall insert the information required for the placeholder and indicate to which bracketed option(s) the parties have stipulated. If the parties modify model instructions in any other way, they should indicate any changes. - 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 (2) Any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) Any non-model instructions requested by the Government (numbered consecutively), with only one instruction per page. The Government shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and authority cited by the Government. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow the objection. (4) 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. The Government shall state all objections to such instruction immediately following the instruction and the authority cited by Defendant. The Government shall support any objection with citation to authority. If the Government offers an alternative instruction, such alternative instruction shall immediately follow the Government’s objection. 8. Juror Questionnaires: The Court uses the Juror Questionnaire available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. The parties shall meet and confer and jointly prepare a proposed Juror Questionnaire that includes the following: a. b. A stipulated joint statement of the case after Question 1. No more than three supplemental questions, with no subparts, proposed by the Government to be added at and after Question 25. - 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 Defendant shall briefly state any objection to a proposed question immediately following the question, and the Government shall briefly respond after Defendant’s objection. c. No more than three supplemental questions, with no subparts, proposed by Defendant to be added after the supplemental questions proposed by the Government. The Government shall briefly state any objection to a proposed question immediately following the question, and Defendant shall briefly respond after the objection. The Court may modify the joint statement and may not approve all questions proposed by the parties. The parties must file the proposed Juror Questionnaire and provide it to the Court in Word format to [email protected] no later than six weeks before the Final Pretrial Conference. Prior to the Final Pretrial Conference, the Court will make the responses to the Juror Questionnaire available to the parties and will provide additional instructions. 9. Information for Court Reporter. To facilitate the creation of an accurate record, please prepare a “Notice to Court Reporter” seven days 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. Phonetic spelling of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Kim Portik at [email protected] and to [email protected]. Counsel also must advise the Court Reporter as soon as possible if they would like to receive a real- time feed or daily turnaround transcript of the proceedings. 10. Delivery of Final Exhibits. Counsel shall contact the Courtroom Deputy, - 6 - [email protected], seven days before trial to arrange for counsel or their representative to deliver finalized and marked copies of all exhibits. The finalized exhibits must be delivered to the Courtroom Deputy at least 48 hours before trial. 11. Plea Agreement Deadline. The parties are advised that absent unusual circumstances, the Court will not accept a plea agreement entered after noon on the Friday before trial. It is therefore ordered that the parties shall notify the Court and have scheduled a change of plea hearing before noon on the Friday before trial should they wish to present a plea agreement to the Court. In all other circumstances, counsel shall notify the Court immediately if settlement is reached. 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 Jury Trial and Final Pretrial Conference - 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 , v. , Plaintiff(s), Defendant(s). No. CV- ORDER SETTING JURY TRIAL AND FINAL PRETRIAL CONFERENCE IT IS ORDERED that the trial is set to begin on [date], and the anticipated end date is [date]. The trial will be held from 9:00 to 4:30 p.m. each day in Courtroom 502, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. IT IS FURTHER ORDERED that pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, a Final Pretrial Conference shall be held on [approx. 1 week before trial]. In preparation for the Final Pretrial Conference, it is hereby ordered: 1. Attendance Required. The attorneys (or pro se parties) who will be responsible for the trial of the case must attend the Final Pretrial Conference. The attendees must bring their calendars and be prepared to discuss trial scheduling. 2. Proposed Pretrial Order. Timing: The parties must jointly prepare a Proposed Pretrial Order and file it with the Court at least fourteen days before the Final Pretrial Conference. The parties must exchange drafts of the Proposed Pretrial Order no later than fourteen days before the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 submission deadline. Plaintiff(s) have the burden of initiating such communications. The parties also must submit a copy of the Proposed Pretrial Order to the Court in Word format to [email protected]. Effect: Preparation and lodging of the Proposed Pretrial Order in accordance with the requirements of this order will be deemed to satisfy the filing requirements of Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure. Content: The Proposed Pretrial Order must include the information prescribed in the “Joint Proposed Pretrial Order” form that is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. The information may not be set forth in the form of a question and must be presented in concise narrative statements. 3. Marking of Exhibits. The parties must meet in person to exchange marked copies of all exhibits to be used at trial no later than seven days before the submission deadline for the Joint Proposed Pretrial Order. During this meeting, the parties also must eliminate any duplicate exhibits.1 Further information about the Court’s exhibit marking procedures can be found in the document entitled “Exhibit Marking Instructions,” which is available at www.azd.uscourts.gov under: Judges’ Info → Orders, Forms and Procedures → Standard Forms Used by All Phoenix Judges. During trial, the parties must advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits must be shown to opposing counsel before being offered. 4. Preclusion of Undisclosed Matters. The parties are advised that the Court will not allow the parties to offer any exhibit, witness, or other evidence that was not 1 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. The parties will not be permitted to break offered exhibits into admissible sub-parts if an objection is sustained. - 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 disclosed in accordance with this Order and the Federal Rules of Civil Procedure and listed in the Joint Proposed Pretrial Order, except to prevent manifest injustice. 5. Motions in Limine. The parties must file all motions in limine no later than [4 weeks before FPTC]. Each party may file no more than ten motions in limine. Responses must be filed no later than [2 weeks before FPTC]. No replies are permitted. Each motion in limine must include proposed language for the order being sought from the Court, and the proposed language must state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. Each motion or response must not exceed three pages in length. Each motion must include a certification pursuant to LRCiv 7.2(l). Counsel shall be prepared to argue the merits of such motions at the Final Pretrial Conference. The Court wishes to emphasize that, in its experience, motions in limine are often used improperly. The point of a motion in limine is “to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984). Thus, it might be permissible for a party to seek a pretrial ruling as to the admissibility of a particular piece of evidence out of concern that the evidence is not only inadmissible but also inherently prejudicial, such that the bell could not be unrung even if an evidentiary objection were made and sustained at trial. In contrast, motions in limine “should rarely seek to exclude broad categories of evidence, as the court is almost always better situated to rule on evidentiary issues in their factual context during trial.” Lankford v. Taylor, 2020 WL 6395294, *3 (D. Ariz. 2020) (citation omitted). Additionally, “[a] motion in limine is not the proper vehicle for seeking a dispositive ruling on a claim, particularly after the deadline for filing such motions has passed.” Hana Fin., Inc. v. Hana Bank, 735 F.3d 1158, 1162 n.4 (9th Cir. 2013). For these reasons, trial memoranda often serve as a better vehicle than motions in limine for parties to address anticipated evidentiary issues. Trial memoranda of no more than seventeen pages may be filed on the same date the parties file the Joint Proposed Pretrial Order. Trial memoranda may be used for parties to brief, in advance of trial, - 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 their position as to the admissibility of particular pieces of evidence (or categories of evidence). Additionally, trial memoranda may be used to brief other types of issues that are anticipated to arise at trial, such as claims related to the sufficiency of the evidence. The Court thus encourages the parties to give careful thought to whether issues that might be raised in a motion in limine would be better raised in a trial memorandum. The Court further encourages the parties to raise in a trial memorandum any issues the Court should be aware of before trial. 6. Daubert Motions The parties must file all motions challenging the admissibility of expert testimony no later than [8 weeks before FPTC]. LRCiv 7.2(b)–(e) governs the briefing of such motions. 7. Other Case-Related Documents. No later than the deadline for filing the Joint Proposed Pretrial Order, the parties must file the following documents (and submit copies of these documents in Word format to [email protected]): a. A stipulated joint statement of the case, which will be read to the jury during voir dire. b. A joint master list of the names of every witness who may be called at trial, along with pronunciation information for uncommon names, to be used during voir dire. c. Proposed forms of verdict, including any proposed special verdict forms or juror interrogatories. d. A joint set of proposed jury instructions. The parties must set forth the full text of each proposed jury instruction and must indicate when the instruction should be given (e.g., preliminary, midtrial, and/or final). The joint set must be organized into four sections based on the following categories: (1) All applicable Ninth Circuit Model Civil Jury Instructions, which are available at http://www3.ce9.uscourts.gov/jury- - 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 instructions/model-civil, with only one instruction per page. If a model instruction is requested by all parties, the instruction shall be preceded by “ST” (stipulated-to). If the instruction is requested by fewer than all parties, the instruction shall be preceded by “PL” (Plaintiff(s , “DF” (Defendant(s , or another clear indicator. For model instructions that have bracketed options or placeholders, the parties shall insert the information required for the placeholder and indicate to which bracketed option(s) the parties have stipulated. If the parties modify model instructions in any other way, they should indicate any changes in the same manner as for amended pleadings pursuant to LRCiv 15.1. (2) Any non-model instructions to which the parties have stipulated, with only one instruction per page. (3) Any non-model instructions requested by Plaintiff(s) (numbered consecutively), with only one instruction per page. Plaintiff(s) shall include citation to authority to support the requested instruction. Defendant(s) shall state all objections to such instruction immediately following the instruction and the authority cited by Plaintiff(s). Defendant(s) shall support any objection with citation to authority. If Defendant(s) offer an alternative instruction, such alternative instruction shall immediately follow the objection. (4) Any non-model instructions requested by Defendant(s) (numbered consecutively), with only one instruction per page. Defendant(s) shall include citation to authority to support the requested instruction. Plaintiff(s) shall state all objections to - 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 such instruction immediately following the instruction and the authority cited by Defendant(s). Plaintiff(s) shall support any objection with citation to authority. If Plaintiff(s) offer an alternative instruction, such alternative instruction shall immediately follow the objection. 8. Juror Questionnaires: The Court uses the Juror Questionnaire available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. The parties shall meet and confer and jointly prepare a proposed Juror Questionnaire that includes the following: a. b. A stipulated joint statement of the case after Question 1. No more than three supplemental questions, with no subparts, proposed by Plaintiff(s) to be added at and after Question 25. Defendant(s) shall briefly state any objection to a proposed question immediately following the question, and Plaintiff(s) shall briefly respond after Defendant(s)’ objection. c. No more than three supplemental questions, with no subparts, proposed by Defendant(s) to be added after the supplemental questions proposed by Plaintiff(s). Plaintiff(s) shall briefly state any objection to a proposed question immediately following the question, and Defendant(s) shall briefly respond after the objection. The Court may modify the joint statement and may not approve all questions proposed by the parties. The parties must file the proposed Juror Questionnaire and provide it to the Court in Word format to [email protected] no later than [six weeks before FPTC]. Prior to the Final Pretrial Conference, the Court will make the responses to the Juror Questionnaire available to the parties and will provide additional instructions. The confidentiality of all completed Juror Questionnaires shall be maintained by the parties and counsel. The parties are reminded that they may not contact or attempt to contact - 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 any prospective juror either directly or indirectly. LRCiv 39.2(a). Juror research is permitted but must be conducted using generally available sources. Improper contact includes notification from a social media site, such as LinkedIn, that a prospective juror’s profile has been viewed by a party, counsel, or anyone working on behalf of a party or counsel. During voir dire, counsel may not disclose information obtained from, ask questions about, or otherwise refer to a prospective juror’s social media. 9. Settlement Discussions: The parties must be prepared to advise the Court at the Final Pretrial Conference of the status of settlement discussions. Should settlement be reached at any time, the parties must promptly file a Notice of Settlement with the Clerk of the Court. 10. 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. Phonetic spelling of unusual or difficult words or names. This notice need not be filed but must be provided via e-mail to Kim Portik at [email protected] and to [email protected]. Counsel also must advise the Court Reporter as soon as possible if they would like to receive a real- time feed or daily turnaround transcript of the proceedings. 11. Delivery of Final Exhibits. Counsel shall contact the Courtroom Deputy, [email protected], seven days before trial to make arrangements for counsel or their representative to deliver finalized and marked copies of all exhibits. The finalized exhibits must be delivered to the Courtroom Deputy at least 48 hours before trial. - 7 - 12. Accessibility Notice. Counsel shall contact the Courtroom Deputy to make arrangements for witnesses who require an accommodation for any disability (for example, use of the lift to access the witness stand) at least 24 hours prior to their testimony. 13. Compliance Required. Compliance with the provisions of this Order is critical to the Court’s case management responsibilities and to the parties’ responsibilities under Rule 1 of the Federal Rules of Civil Procedure. Thus, full and complete compliance with this Order is required. 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 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff(s), PRELIMINARY ORDER No. CV- , v. , Defendant(s). The parties are advised of the following preliminary policies and procedures that will govern these proceedings. IT IS ORDERED as follows: Governing Rules Both counsel and pro se litigants must abide by the Rules of Practice of the U.S. District Court for the District of Arizona and the Federal Rules of Civil Procedure, except as otherwise ordered by the Court. Disclosure Statements Full compliance with Federal Rule of Civil Procedure 7.1 is required by Plaintiff(s) and Defendant(s). Rule 7.1(a)(1) requires any nongovernmental corporation to file a disclosure statement identifying “any parent corporation and any publicly held corporation owning 10% or more of its stock.” Rule 7.1(a)(2) requires a party in an action where jurisdiction is based on diversity under 28 U.S.C. § 1332(a) to file a disclosure statement identifying the citizenship of “every individual or entity whose citizenship is 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 attributed to that party.” A Corporate Disclosure Statement form is available at https://www.azd.uscourts.gov/forms/disclosure-statement. Service Deadline Service of the summons and complaint on each Defendant located in the United States must occur within 90 days of filing the complaint. See Fed. R. Civ. P. 4(m). If service cannot occur within 90 days, a request for an extension may be filed before expiration of the 90-day period. Any such request must set forth the reason why service has not been accomplished and request a specific, short additional period of time. If the Court believes your reason constitutes “good cause,” it will authorize a brief additional period to accomplish service. Proof of service must be filed with the Clerk of Court, in the form of an affidavit, promptly after service has been made. See Fed. R. Civ. P. 4(l). It is important to comply with this requirement because absent proof of service, the Court will have no way of knowing that the complaint was served. This order serves as an express warning that the Court will dismiss this action, without further notice to Plaintiff(s), with respect to any Defendant that is not timely served. See Fed. R. Civ. P. 4(m). Forms of Papers The parties shall adhere to all of the requirements of Local Rule of Civil Procedure (“LRCiv”) 7.1, including the requirement that text and footnotes shall be no smaller than 13 point. Citations supporting any textual proposition shall be included in the text, not in a footnote. Paper Courtesy Copies Do not send paper courtesy copies of Federal Rule of Civil Procedure 7(a) pleadings, short procedural motions (e.g., motions for extension of time), 26(f) reports, or stipulations. A paper courtesy copy of dispositive motions (or other lengthy motions that may or will be opposed), and any responses or replies thereto, shall be either postmarked and mailed, or hand-delivered, to the Judge’s mailbox in the courthouse by the next - 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 business day after the electronic filing. Do not attempt to deliver documents to the Judge’s chambers. Courtesy copies should be double-sided and include the ECF- generated header at the top of each page. Courtesy copies of documents too large for stapling must be submitted in three-ring binders, with any attachments or exhibits separated by numbered or labeled tabs. Amending Pleadings Before filing a motion for leave to amend a pleading, the party that wishes to amend must seek the consent of the other parties in an attempt to file the amended pleading pursuant to LRCiv 15.1(b). If any party is unwilling to consent, the motion for leave to amend must indicate which party (or parties) will oppose the request. If a motion for leave to amend a pleading fails to so indicate, the motion will be denied without prejudice for failure to adhere to this order. Motions and Stipulations Every motion or stipulation, however mundane, must cite the rule(s) and/or law(s) that permit the Court to grant the requested relief. Requests for extensions of time must include a brief explanation of why the extension is needed to help the Court determine whether there is good cause, see Fed. R. Civ. P. 6(b)(1)(A), and must comply with LRCiv 7.3. If a party uses footnotes in a motion or brief, the footnote should only provide supplemental or explanatory information, and should not be used to make substantive arguments not made in the body of the motion or brief. Arguments that are made solely in footnotes will not be considered. To ensure timely case processing, 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 title of the motion whether the non-movant opposes the request and intends to file a written response (e.g., “Unopposed Motion for Leave to Amend”; “Opposed Motion for Extension of Time to Answer (Second Request)”). If such a motion does not so indicate, it may be denied for failure to comply with this order. Motions and stipulations should be accompanied by proposed orders. A proposed - 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 order is not necessary for motions that will require a reasoned analysis from the Court, or for stipulations requesting issuance of the Court’s standard protective order with no amendments. These proposed orders must not be on letterhead or contain any information identifying the party submitting the order, and they must set forth the relief requested rather than incorporating the motion or stipulation by reference. See also LRCiv 7.1(b)(3). Proposed orders must be emailed—in Microsoft Word format (not PDF)—to [email protected]. The subject line of the email must include the case name, case number, and the words “Proposed order for [name of motion]”. Speaking Opportunities for Less Experienced Lawyers The Court believes it is crucial to provide substantive speaking opportunities to less experienced lawyers (those less than 5 years out of law school), and that the benefits of doing so will accrue to such lawyers, to clients, and to the profession generally. Thus, the Court strongly encourages parties to permit less experienced lawyers to actively participate in the proceedings by, for example, presenting argument at motion hearings, examining witnesses at trial, or taking a speaking role at case management conferences. The Court will grant a request for oral argument on a contested substantive motion if the request states that a less experienced attorney will conduct the argument, or at least a majority of it. The Court may permit more than one attorney to present on behalf of a party if this creates an opportunity for a less experienced attorney to participate and does not result in redundant argument. Rule 12 Motions Are Discouraged Any motion under Federal Rule of Civil Procedure 12 is discouraged if the challenged defect in the pleading can be cured by filing an amended pleading. The Court therefore requires that: (1) before filing a Rule 12(b)(6) motion to dismiss, a Rule 12(c) motion for judgment on the pleadings, or a Rule 12(f) motion to strike, the movant confer with the opposing party to determine whether such motion can be avoided; and (2) the movant attach a certificate of conferral, certifying that it notified the opposing party of the issues asserted in its motion and that the parties conferred but were unable to agree - 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 that the pleading was curable in any part by a permissible amendment offered by the pleading party. See also LRCiv 12.1(c). The requirement to meet and confer and attach a certificate of conferral applies in equal force to motions to dismiss amended complaints, notwithstanding earlier conferrals and certificates filed before the complaint was amended. Any motion lacking the required certification may be summarily stricken. Protective Orders The Court’s standard protective order is available at www.azd.uscourts.gov under: Judges’ Information → Orders, Forms and Procedures → Desai, Sharad H. If the parties agree that discoverable materials should be kept confidential, they may file a stipulation requesting that the Court issue its standard protective order. If the parties wish to propose additional provisions, they may request and stipulate to the additional proposed language, subject to the Court’s review. In that case, all language added to the standard order by the parties should be redlined into a Word document using “Track Changes,” and the parties’ Word document with the tracked changes must be emailed to chambers. The parties are reminded that the mere fact the parties have designated certain materials or information as confidential pursuant to an agreement or stipulation does not mean the Court will automatically order the sealing of filings containing such information. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Motions to Seal LRCiv 5.6 governs sealing of court records in unsealed civil actions. Every motion to seal, including stipulations pursuant to LRCiv 5.6(d), must identify the legal standard applicable to the document at issue and explain why the material sought to be sealed meets that standard. The stringent “compelling reasons supported by specific factual findings” standard articulated in Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), applies to motions and their attachments where the motion is “more than tangentially related to the merits of a case.” Ctr. for Auto Safety, 809 F.3d at 1101. Merely noting that a document was designated confidential by a party under a protective order will not satisfy the legal standard for sealing. Parties must also comply - 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 with any procurements requirements set forth in the protective order when filing motions to seal. Where a party seeks to seal only certain portions of a given document, the unredacted version of the document, which should be lodged under seal pursuant to LRCiv 5.6(c), must include highlighting to indicate which portions of the document the party seeks to redact. Emergencies and Expedited Consideration Any party desiring expedited consideration of a motion or other matter pending before the Court may make such a request by filing a separate Notice for Expedited Consideration accompanied by a certificate from counsel for the moving party or, if unrepresented, the moving party. The certificate must set forth the following: (1) the facts establishing the need for expedited resolution; (2) the dates of the imminent events pertinent to the request; (3) whether the motion or request for expedited consideration could have been filed earlier; and (4) when or how the moving party will provide notice to all other parties and the other parties’ positions on the motion. A request for expedited consideration that is simply mentioned in the caption/title of the related filing will not be considered—a separate notice and certificate must be filed. Requests to Reschedule Court Dates The Court interprets LRCiv 7.3(b) as applying to requests to reschedule court dates due to attorney—or other necessary individual(s)—conflicts. As such, and to enable the court to efficiently manage cases, such requests must be made by motion or stipulation, must indicate the position of each other party, and (unless another party plans to file a written opposition, which would be appropriate only in rare circumstances) must propose to the Court at least three dates/times when all counsel or necessary individual(s) are available for rescheduling purposes. Noncompliance The parties are specifically advised 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 - 6 - part of this case, default, imposition of sanctions, or summary disposition of matters pending before the Court. Cf. LRCiv 7.2(i) (“If a motion does not conform in all substantial respects with the requirements of [the Local Rules of Civil Procedure], 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.”). IT IS FURTHER ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this order on any Defendant(s) who have not already appeared in this matter, and file a notice of service with the Clerk of Court; and 2. That, unless the Court orders otherwise, on Click or tap to enter a date., the Clerk of Court shall terminate without further notice any defendant in the United States that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 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 -