Exhibit Procedures; Proposed Final Pretrial Order; Scheduling Order; Settlement Conference Order (Telephonic); Time Estimates for Jury Trials; Uncounseled Scheduling Order; Waiver of Rule 32.1 Hearing; Waiver of Rule 5

=== Exhibit Procedures ===

EXHIBITS - MARKING, LISTING AND CUSTODY Magistrate Judge Camille D. Bibles Prior to meeting with the Courtroom Clerk, the following procedure shall be followed by counsel or counsel’s representative: USE OF LABELS/COVER SHEET 1. Exhibit labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). 2. Place the exhibit label in the lower right hand corner of a blank sheet of paper (see attachment #1), make as many copies as needed in the appropriate color, and staple one to the top of each exhibit. 3. If the exhibit is a photo or item smaller than 8"x10", STAPLE it to plain paper or the cover sheet label form. Photos that are 8"x10" should have the exhibit tag sticker on the reverse side, LOWER right hand CORNERS. (Exhibit tag stickers can be obtained from the courtroom clerk, on a limited basis). The exhibit tag sticker can also be used for large demonstrative items that will possibly be admitted as evidence. 4. Large or bulky items may require the use of tie tags. The exhibit label is placed on a tag or may be marked in a logical location on the item or on the plastic bag containing the item. 5. Large charts should be identified in the lower right hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit. NUMBERING 1. Blocks of numbers are assigned to each side. Plaintiff is normally given number 1 through the estimated number of exhibits. Defendant is given numbers starting after plaintiffs but allowing space for additional exhibits marked during trial (example: Plaintiff 1-80 and Defendant 100- ). 2. Plaintiff and defendant should consult while marking exhibits to avoid HAVING DUPLICATES. If the plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits, not plaintiff(s) or defendant(s) exhibits. Either side may move the other side’s exhibits into evidence. 3. Use NUMBERS ONLY with the exception of identifying sub-parts (i.e., 3a, 3b, 3c). If the sub-parts will be more than a - z, commence with another number (i.e., 4a, 4b, 4c). Categorizing exhibits should be kept as simple and clear as possible. 4. Each page of multiple page exhibits should be marked for easy reference and should be stapled or ACCO fastened, please do not use paper or binder clips. In bulky documents, BATES stamp numbers may be placed on each page and can be continuous numbering. 5. Blocks of numbers may be used to categorize exhibits (i.e., series 1-99 are bank records; series 100-199 are tax returns; series 200-299 are photographs; series 300-399 are miscellaneous. The exhibit list will break down the categories and should be tabbed accordingly. USE OF FOLDERS 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. 2. If there are many folders, place them in a box in numerical order. Mark the outside of the box, indicate which exhibits are contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. 3. The boxes of exhibits are to be given to the courtroom clerk by noon of the working day immediately prior to trial/hearing or any such time as the court requires. 4. DO NOT PLACE TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right-hand corner. JUDGE’S SET The judge's copies of exhibits must placed in binders and tabbed. The judge's copies should not have original exhibit stickers. EXHIBIT LISTS 1. Exhibits shall be listed on the exhibit list provided (see attachment #2) or reproduced on a word processor, as long as it follows the same format. The form is self-explanatory. Leave enough SPACE at the end of the list to add additional exhibits. Each page should be completed to the end with blank blocks. Leave extra blank pages for both the exhibit and witness list. The exhibit number and description should be started at the top of each block. Leave blank spaces between each exhibit. 2. Provide the courtroom clerk with the original and two copies of the exhibit list with the exhibits. WITNESS LISTS 1. Witnesses shall be listed on the witness list provided (see attachment #3) or reproduced on a word processor, as long as it follows the same format. List witnesses in alphabetical order. Place names at the top of the block and leave extra spaces between names to allow for additional names. 2 2. Provide the courtroom clerk with the original and two copies of the witness list along with the exhibits. SENSITIVE EXHIBITS 1. Pursuant to General Order 98-07, dated July 30, 1987, "the arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout, and after the trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the court." 2. The courtroom clerk will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the government (usually the agent) until Court resumes. IMPEACHMENT EXHIBITS 1. Give impeachment exhibits to the courtroom clerk at least one full court business day prior to the trial or hearing (not the day a witness testifies), in a SEALED envelope. Mark the envelope with the caption of the case and plaintiff/defendant impeachment exhibits. If there is more than one exhibit in the envelope, mark each one with a SEPARATE NUMBER so you (and the courtroom clerk) can identify it. Identify these exhibits with your own numbering system for easy retrieval and the courtroom clerk will assign the next available number when the exhibit is used. STIPULATED EXHIBITS 1. In civil trials, parties may agree on most of the exhibits prior to trial or hearing and as listed in the pretrial order. Counsel may give the courtroom clerk a list of the stipulated exhibits to be marked in evidence before moving for their admission. In criminal trials, stipulated exhibits are usually admitted one at a time during the course of trial. DEPOSITIONS 1. Depositions DO NOT have to be marked as an exhibit. Identify them as plaintiff/defendant (so they can be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom clerk the morning of trial/hearing. MEDICAL OR TECHNICAL TERMS 1. Provide a list of medical or technical terms for the court reporter prior to trial. 3 ADDITIONAL EXHIBITS INTRODUCED AT TRIAL/HEARING When adding exhibits during the course of the trial, you MUST provide the courtroom clerk with two sets along with corresponding cover sheets and tabs. You must also provide the courtroom clerk with two sets of updated exhibit listing (one for the court record and the other for the judge’s set). ADMITTED EXHIBITS Toward the last day of the trial/hearing the courtroom clerk will provide counsel with a copy of the exhibit listing showing which exhibits have been admitted into evidence. Counsel is responsible for seeking the admission of any exhibits that have not been admitted. RETURN OF EXHIBITS 1. Pursuant to Local Rule of Civil Procedure 79.1, all exhibits are returned to respective parties after trial, for retention pending all appeals. If any party, having received notice from the courtroom clerk concerning the removal of exhibits, fails to remove exhibits within 30 days after having received sch notice, the courtroom clerk may destroy or otherwise dispose of those exhibits pursuant to Local Rule of Civil Procedure 79.1. 2. Trial exhibits are usually handed back immediately to respective counsel, and counsel will sign for them. When the verdict or court ruling issues, a separate order will follow. EQUIPMENT If counsel has the need for certain equipment such as an overhead projector, laptop, etc., to use during the trial, counsel shall give the courtroom clerk as much notice as possible (not less than 48 hours) so that said equipment may be located and set up without delaying the trial. If you have any questions, or need exhibit labels, please do not hesitate to contact the courtroom clerk. Thank you, Christina Davison Magistrate Judge’s Courtroom Clerk (928) 774-2567 Jodie Cantor Judge Bibles’ Judicial Assistant (928) 774-2566 ATTACHMENT #1 4 CASE NO. VS. PLAINTIFF’S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk CASE NO. VS. DEFENDANT’S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk ATTACHMENT #2 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA EXHIBIT LIST / / Evidentiary Hearing / / TRO / / Non-Jury Trial / / Jury Trial Case Number JUDGE CODE: 70CF DATE: vs / / PLAINTIFF / PETITIONER / / DEFENDANT / RESPONDENT EXHIBIT NUMBER DATE MARKED FOR IDENTIFICATION ADMITTED IN EVIDENCE DESCRIPTION ATTACHMENT #3 8 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA WITNESS LIST / / Evidentiary Hearing / / TRO / / Non-Jury Trial / / Jury Trial Case Number JUDGE CODE: 70CF DATE: / / PLAINTIFF / PETITIONER / / DEFENDANT / RESPONDENT vs NAME SWORN APPEARED

=== Proposed Final Pretrial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA XXX, v. YYY, Plaintiff, Defendant. No. CV XX-XXXXX -PHX/PCT CDB PROPOSED FINAL PRETRIAL ORDER The following is the joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ˜ 202_ at ˜ . A. TRIAL COUNSEL FOR THE PARTIES Include mailing addresses, office phone numbers, fax numbers, and email addresses. Plaintiff(s): Defendant(s): B. 1. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court jurisdiction. (E.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. §1332.) 2. State whether jurisdiction is or is not disputed. (If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 1. 2. The following material facts are admitted by the parties and require no proof: The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 3. The following issues of law are uncontested and stipulated to by the parties: D. CONTESTED ISSUES OF FACT AND LAW 1. The following are the material issues of fact to be tried and decided: (Each issue of fact must be stated separately and in specific terms. Each party’s intention must be set forth with respect to each and every issue of fact.) E.g., Issue # 1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . 2. The following are the issues of law to be determined: (Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law.) E.g., Issue # 1: Whether Plaintiff’s suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . E. LIST OF WITNESSES Each party shall separately list the names of witnesses, their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (a) witnesses who shall be called at trial; (b) witnesses who may be called at trial; and (c) witnesses who are unlikely to be called at trial. Additionally, the parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of - 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 witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party.” F. LIST OF EXHIBITS 1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 2. As to the following exhibits, the parties have reached the following stipulations: a. b. Plaintiff’s Exhibits: Defendant’s Exhibits: 3. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: a. Plaintiff’s Exhibits: (E.g., City Hospital records of Plaintiff from March 6, 1985 through March 22, 1985. Defendant objects for lack of foundation because . . . (the objection must specify why there is a lack of foundation. b. Defendant’s Exhibits: (E.g., Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on grounds of relevance and materiality because ... (the objection must specify why the exhibit is not relevant or material. Exhibits are due to the Court 48 hours in advance of the trial date. Please contact Judge Bibles’ Courtroom Deputy to schedule. 4. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived.” /// - 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 G. DEPOSITIONS TO BE OFFERED The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial shall be identified by page and line number. Additionally, the party offering the deposition shall provide the Court with a copy of the offered deposition testimony. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one copy of such deposition shall be provided. Such copy shall contain each party’s highlighting (each party should use a different color). The parties shall include the following text in this section of the joint Proposed Final Pretrial Order: “Each party hereby acknowledges by signing this joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed, absent good cause.” H. MOTIONS IN LIMINE (JURY TRIAL) Motions in limine shall be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. I. LIST OF PENDING MOTIONS List all pending motions. J. PROCEDURES FOR EXPEDITING TRIAL The parties shall discuss and report on all available procedures that might be used to expedite trial, including but not limited to (a) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (b) editing videotaped depositions to limit the amount of time required for presentation; (c) using summary exhibits in place of voluminous documentary evidence; (d) stipulations on authenticity and foundation; (e) presenting direct expert testimony through summary or written reports; (f) using the courtroom technology to expedite the presentation of evidence. The parties are invited to contact Judge Bibles’ chambers at 928-774-2566 to arrange a time to visit - 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 the courtroom and examine its technology. Information about courtroom technology can also be found at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures. K. ESTIMATED LENGTH OF TRIAL hours for opening statements and closing arguments hours for Plaintiff(s) case hours for Defendant(s) case hours for rebuttal L. JURY DEMAND State whether a jury trial has or has not been requested. If a jury trial has been requested, indicate the appropriate selection: 1. 2. The parties stipulate that the request was timely and properly made; The Plaintiff/Defendant contends that the request was untimely made because . . . (explain why request was untimely); or 3. The Plaintiff/Defendant contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because . . . (indicate the legal basis for why a jury trial is improper). M. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIALS Proposed Findings of Fact and Conclusions of Law shall be lodged by each party as a separate pleading in accordance with the instructions contained in the Order Setting Final Pretrial Conference. The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The separately lodged Proposed Findings of Fact and Conclusions of Law are incorporated by reference into this joint Proposed Final Pretrial Order.” /// - 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 N. JOINT PROPOSED JURY INSTRUCTIONS, JOINT PROPOSED VOIR DIRE QUESTIONS, AND PROPOSED FORMS OF VERDICT FOR JURY TRIALS The joint Proposed Jury Instructions, joint Proposed Voir Dire Questions, and Proposed Forms of Verdict shall be filed in accordance with the instructions contained in the Order Setting Final Pretrial Conference. O. CERTIFICATIONS The parties shall include the following text in this section of the Proposed Final Pretrial Order: “The undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. 2. 3. All discovery has been completed. The identity of each witness has been disclosed to opposing counsel. Each exhibit listed herein: (1) is in existence; (2) is numbered; and (3) has been disclosed and shown to opposing counsel. 4. The parties have complied in all respects with the mandates of the Court’s Rule 16 Scheduling Order and Order Setting Final Pretrial Conference. 5. The parties have made all of the disclosures required by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). 6. The parties acknowledge that once this Proposed Final Pretrial Order has been signed and lodged by the parties, no amendments to this Order can be made without leave of Court.” P. INFORMATION FOR COURT REPORTER In order to facilitate the creation of an accurate record, please file a “Notice to Court Reporter” two weeks before trial containing the following information to be used at trial: 1. 2. 3. Proper names, including those of witnesses. Acronyms. Geographic locations. - 6 - 4. 5. 6. 7. Technical (including medical) terms, names or jargon. Case names and citations. Pronunciation of unusual or difficult words or names. Counsel will advise Judge Snow’s Court Reporter if counsel would like to receive a real-time feed or daily turnaround on any expedited transcript during any of the proceedings as soon as possible in order to ensure the proper paperwork is in place and arrangements made for a real-time test run before the actual proceeding. No real-time feed will be facilitated the day of trial. In addition, please provide to the Court Reporter a copy of the concordance from key depositions. ______________________________ _______________________________ Attorney for Plaintiff(s) Attorney for Defendant(s) Based on the foregoing, IT IS ORDERED that this Proposed Final Pretrial Order jointly submitted by the parties is hereby APPROVED and ADOPTED as the official Pretrial Order of this Court. Dated this ____ day of ______________, 20___. Honorable Camille D. Bibles United States Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 -

=== 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(s), ORDER No. CV XX-XXXXX -PHX/PCT CDB XXX, v. YYY, Defendant(S). The parties submitted a Joint Case Management Report (ECF No. X), and participated in a telephonic scheduling conference on DATE. Therefore, the Court issues this Scheduling Order pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure. IT IS ORDERED that: 1. All Initial Disclosures shall be made no later than DATE. 2. Deadline for Joining Parties and Amending Pleadings. The deadline for joining parties, amending pleadings, or filing supplemental pleadings is DATE. Any motion for leave to amend or notice of amendment must be filed in accordance with Rule 15.1 of the Local Rules of Civil Procedure. Any motion or notice that does not comply with the local and federal rules may be stricken by the Court. 3. Discovery Deadlines and Limitations. Depositions in this case shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. The number of depositions and interrogatories shall be as limited in Rule 30(a)(2)(A)(i) and Rule 33(a)(1) of the Federal Rules of Civil Procedure. Each side may also propound up to 40 requests for production of documents, including subparts, and up to 40 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 limitations set forth in this paragraph may be increased by agreement of the parties, but such an increase will not result in an extension of the discovery deadlines. a. Depositions: All depositions shall be scheduled to commence at least five working days prior to the discovery deadline. A deposition commenced five days prior to the deadline may continue up until the deadline, as necessary. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served no later than DATE. 4. Deadlines for Disclosure of Experts and Completion of Expert Discovery. a. Plaintiff(s) shall provide full and complete expert disclosure as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than DATE b. Defendant(s) shall provide full and complete expert disclosure as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than DATE. c. Rebuttal expert disclosure, if any, shall be made no later than DATE. Rebuttal experts shall be limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than DATE. As with fact witness depositions, expert depositions shall be scheduled to commence at least five working days before the deadline. 5. Discovery Disputes. a. The parties are directed to Local Civil Rule 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. If the parties cannot reach a resolution, they are directed to file the appropriate motion specifying the relief sought and citing to any published legal opinion which supports their motion. Any briefing regarding a discovery dispute shall comply with Local Rule of Civil Procedure 7.2(k). b. Absent extraordinary circumstances, the Court will not entertain discovery disputes after the deadline for completion of discovery. - 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 6. Deadline for Filing Dispositive Motions. a. Dispositive motions shall be filed no later than DATE. Such motions must comply in all respects with the Federal Rules of Civil Procedure and the Local Rules. b. No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure unless permission is first obtained from the Court. c. Failure to respond to a motion within the time periods provided in Local Rule of Civil Procedure 7.2 will be deemed a consent to the denial or granting of the motion and the Court may dispose of the motion summarily pursuant to Local Rule of Civil Procedure 7.2(i). d. Pursuant to Local Rule of Civil Procedure 7.2(f), a party desiring oral argument on a motion for summary judgment must request it by placing “Oral Argument Requested” immediately below the title of the motion or the response to the motion. The Court may decide motions without oral argument and will issue an order scheduling oral argument as it deems appropriate. 7. Deadline for Engaging in Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than DATE. Upon completion of such settlement talks, and in no event later than seven 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 seeking settlement of the case, including whether the parties seek a settlement conference before a Magistrate Judge. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 8. Deadline for Notice of Readiness for Pretrial Conference. Plaintiff(s) shall notify the Court that the parties are ready for scheduling of a Final Pretrial Conference pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. Plaintiff(s) shall file and serve this notice within fourteen days after the dispositive motion deadline if no dispositive motions - 3 - are pending on that date. If dispositive motions are pending, Plaintiff(s) shall file and serve such notice within fourteen days after the resolution of dispositive motions. The Court will then issue an order setting the Final Pretrial Conference that (a) sets deadlines for briefing motions in limine, (b) includes a form for the completion of the parties’ Joint Proposed Final Pretrial Order, and (c) otherwise instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. 9. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this order and should plan their litigation activities accordingly. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 -

=== Settlement Conference Order (Telephonic) ===

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 No. CV XX-XXXXX -PHX XXX XXX, v. YYY, Defendant(s). This matter was referred to the undersigned Magistrate Judge for the purpose of conducting a settlement conference. (ECF No. XX). Rule 408 of the Federal Rules of Evidence applies to all aspects of the settlement conference. All communications and information exchanges made in the settlement process, not otherwise discoverable, will not be admissible in evidence for any purpose. All matters communicated expressly in confidence to the settlement judge will be kept confidential and will not be disclosed to any other party. At the conclusion of the settlement conference, all documents submitted by the parties will be returned, destroyed, or otherwise disposed of in the manner directed by the settlement judge. Pursuant to Rule 16, Federal Rules of Civil Procedure, and 28 U.S.C. § 473(B)(5), IT IS ORDERED that all parties and, if represented, their counsel, shall telephonically appear before United States Magistrate Judge Camille Bibles on DAY, XXX, 20XX at XXX a/p.m. The parties will be provided call-in instructions via email. The Court has allocated a minimum of four hours for the Settlement Conference; however, 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 if meaningful progress is being made the conference will continue until either the case settles or meaningful progress is no longer being made. Counsel who will be responsible for trial of the lawsuit for each party must personally appear and participate in the Settlement Conference. Additionally, representatives of the parties with full, complete, and unlimited authority to discuss and settle the case must be telephonically present unless expressly excused by timely motion and an order issued prior to the Settlement Conference. Motions to be excused will only be granted upon a showing of good cause. If any defendant is an insured party, a representative of that party’s insurer with full, complete, and unlimited authority to discuss and settle the case MUST telephonically appear at the Settlement Conference. An uninsured or self-insured corporation, association, partnership, business entity, organization, governmental agency, or political body MUST telephonically appear at the Settlement Conference through its authorized representative with full, complete, and unlimited authority to discuss and settle the case.1 During a conference call between counsel and the settlement judge, which will take place on XXX, 20XX at XXX a/p.m., the settlement judge will address procedural matters to facilitate the Settlement Conference. The conference call number will be provided to counsel via email. Before the Settlement Conference, the parties must negotiate and make a good faith effort to settle the case without the settlement judge’s involvement. The parties shall exchange written correspondence regarding settlement. Plaintiff’s demand must be delivered to defense counsel at least fourteen (14) days before the Settlement Conference, i.e., no later than DATE, 20XX. Defendants’ response to the demand must be delivered to Plaintiff’s counsel at least seven (7) days before the Settlement Conference, i.e., no later than DATE, 20XX. 1 The requirement that a representative physically appear with full, complete, and unlimited authority is only satisfied where the representative is the decision-maker with full authority to settle the matter; for a party asserting a claim, this means full authority to stipulate to dismissal and release of all claims; for a party defending a claim, this means full authority to satisfy the opposing party’s existing settlement demand or offer. - 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 Each party must provide the settlement judge with a confidential Settlement Conference Memorandum at least seven days before the Settlement Conference, i.e., no later than XXX, 20XX. The parties may deliver their memoranda directly to chambers at 123 N. San Francisco Street, Suite 200, Flagstaff, Arizona, 86001, or submit them by facsimile (928-774-2586), or by electronic mail ([email protected]). If a party’s memorandum and any exhibits exceed twenty-five (25) pages, a hard copy or the memorandum and exhibits must be delivered to chambers. The confidential Settlement Conference Memoranda must NOT be filed with the Clerk of the Court and should NOT be exchanged with any party involved in this matter. The memoranda shall include the following information: (1) A brief statement of the facts of the case. (2) A brief statement of the claims or defenses as appropriate for the party, i.e., statutory or other grounds upon which the claims or defenses are founded, including the citation to the appropriate authorities, a forthright evaluation of the parties’ likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute. (3) A summary of the proceedings to date including rulings on motions and pending motions, if any. (4) An estimate of the costs and time to be expended for further discovery, pretrial litigation and trial, including past and future attorneys’ and experts’ fees. (5) A brief statement of the facts and issues upon which the parties agree. (6) Whether there are any distinct or dominant issues which, if resolved, would likely aid in the disposition of the case. (7) The relief sought. (8) Each party’s position on settlement, including present demands and offers and the history of past settlement discussions, offers, and demands. (9) The party’s thoughts as to what the Magistrate Judge may best do to facilitate a resolution in this case. (10) The name and title of each individual who will appear at the settlement - 3 - conference. Individuals not named in a party’s settlement conference memorandum will not be allowed at the settlement conference. Each party’s Settlement Conference Memorandum must not exceed seventeen (17) pages exclusive of attachments and must otherwise comply with the Rules of Practice for the District Court. See Local Rules of Civil Procedure 7.1 & 7.2. No responsive memoranda shall be permitted. If any party believes that the Settlement Conference would be futile and would result in economic waste because, for example, a party or insurer has adopted a position from which they refuse to deviate, they must notify the Court in writing at least seven days before the Settlement Conference. The settlement judge will consider whether the Settlement Conference would be helpful and, if not, whether the Settlement Conference should be cancelled. If there is disagreement between the attorneys or unrepresented parties on this issue, they must arrange for a telephonic conference with the Court and all counsel as soon as reasonably practical. If no such conference is arranged, the Court will presume that all counsel, their clients, and any unrepresented party believe that there is a reasonable, good faith opportunity for settlement, and that the involvement of a settlement judge is needed to accomplish a settlement. Absent good cause shown, if any party, counsel, or representative fails to promptly appear at the Settlement Conference, fails to comply with the terms of this Order, is substantially unprepared to meaningfully participate in the Settlement Conference, or fails to participate in good faith in the Settlement Conference, sanctions may be imposed pursuant to Rules 16(f) and 37(b)(2)(D) of the Federal Rules of Civil Procedure, which may include an award of reasonable attorney’s fees and expenses and a finding of contempt. See 28 U.S.C. § 636(e). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 -

=== Time Estimates for Jury Trials ===

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 No. CV XX-XXX-PHX/PCT-CDB XXX, v. YYY, Defendant(s). (NOTE: Add additional lines as needed for additional parties and/or witnesses) ESTIMATED TIME FOR OPENING STATEMENTS AND CLOSING ARGUMENTS Plaintiff’s Opening Statement Defendant’s Opening Statement Plaintiff’s Closing Defendant’s Closing Plaintiff’s Rebuttal ESTIMATED TIME FOR EXAMINATION OF PLAINTIFF'S WITNESSES Plaintiff’s Witnesses Direct Examination Cross Examination Redirect Examination ESTIMATED TIME FOR EXAMINATION OF DEFENDANT'S WITNESSES Defendant’s Witnesses Direct Examination Cross Examination Redirect Examination ____________________________ _______________________________ Attorney for Plaintiff(s) Attorney for Defendant(s) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 -

=== Uncounseled 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 XXX, v. XXX, Plaintiff, Defendant(s). No. CV XX-0XXXX PHX/PCT XXX (CDB) SCHEDULING ORDER Plaintiff is pro se and proceeds in forma pauperis in this prisoner civil rights matter. Defendant(s) YYY, have now answered the Complaint/First Amended Complaint/ Second Amended Complaint. Therefore, the Court issues this Scheduling Order pursuant to Rule 16.2(b)(2)(B)(ii) of the Local Rules of Civil Procedure. IT IS ORDERED that the parties must comply with the following deadlines and discovery orders: 1. Initial Disclosure. All initial disclosures as defined in Federal Rule of Civil Procedure 26(a),1 if not already disclosed, shall be made no later than 30 DAYS. 2. Joining Parties and Amending Pleadings. Any further motion to join parties or for leave to amend the pleadings, including a motion to amend the complaint, shall be filed no later than 60 DAYS. 1 Although 26(a)(1)(B)(iv) exempts most prisoner civil rights cases, including this one, from the requirements of initial disclosures, “the court can order exchange of similar information in managing the action under Rule 16.” Rule 26(a)(1), a (2000). The Court requires the parties to comply with the provisions of Rule 26(a) to promote the early identification of factual, legal, and evidentiary issues, and frank discussion between the parties as to the relative strengths and weaknesses of their 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 3. Depositions. Defendant(s) may take Plaintiff’s deposition no later than 120 DAYS. The Court grants Defendant(s) leave to depose Plaintiff(s) pursuant to Federal Rule of Civil Procedure 30(a)(2)(B). The deposition may be conducted telephonically at Defendant’s option. Because of the logistical problems involved, self-represented incarcerated persons may not take depositions or serve subpoenas or subpoenas duces tecum without prior Court permission. Such permission will not be granted except upon a showing of appropriate need. The motion seeking such permission must state with particularity the reasons for seeking the testimony and documents. Motions for depositions must also reflect an ability to pay the costs of recording such deposition. See Fed. R. Civ. Proc. 30(b)(3)(A). Motions for subpoenas must also: (1) attach a copy of any proposed subpoena to be served, and (2) set forth the name and address of the witness to be subpoenaed and/or the custodian and general nature of any documents requested. See General Order 18-19, available at http://www.azd.uscourts.gov/sites/default/files/general- orders/18-19.pdf. 4. Written Discovery. All interrogatories, requests for production of documents, and requests for admissions shall be served no later than 150 DAYS. a. Responses to discovery must be served within the time provided by the Federal Rules of Civil Procedure unless the parties stipulate otherwise in writing. b. Discovery Limitations. Each party is limited to twenty-five interrogatories, including subparts, from each party to another party. Each party is limited to fifteen requests for production, including subparts, from each party to another party. Each party is limited to ten requests for admission, including subparts, from each party to another party. 5. Discovery Disputes. All motions regarding discovery must be filed no later than 165 DAYS. 6. Dispositive Motions. a. Dispositive motions shall be filed no later than 180 DAYS. Such motions must fully comply with the Federal Rules of Civil Procedure and the Local Rules. - 2 - b. If Defendant(s) file a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure based on Plaintiff’s failure to exhaust prison administrative remedies as required by 42 U.S.C. § 1997e(a) and the Court denies that motion, Defendants may file a second motion for summary judgment without requesting permission from the Court. Otherwise, no party may file more than one motion for summary judgment under Rule 56 unless permission is first obtained from the Court. 7. Notice of Readiness for Deadline for Proposed Pretrial Order. Within ten days of the Court ruling on the dispositive motions, or if no motions are filed, within ten days after the expiration of the dispositive motion deadline, Defendants shall notify the Court that the parties are ready for the Court to set a deadline for them to file a proposed joint pretrial order. The assigned District Judge will then issue an appropriate order. 8. The Deadlines Are Firm. The parties are advised that the Court intends to enforce the deadlines set forth in this Order and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly unusual circumstances, extend the schedule in this case to accommodate settlement talks. 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 -

=== Waiver of Rule 32.1 Hearing ===

AO 466 (Rev. 12/17) Waiver of Rule 32.1 Hearing (Violation of Probation or Supervised Release) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 32.1 HEARING (Violation of Probation or Supervised Release) I understand that I have been charged with violating the conditions of probation or supervised release in a case pending in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of certified copies of the judgment, warrant, and warrant application, or reliable electronic copies of them if the violation is alleged to have occurred in another district; a preliminary hearing to determine whether there is probable cause to believe a violation occurred if I will be held in custody, and my right to have this hearing in this district if the violation is alleged to have occurred in this district; and a hearing on the government’s motion for my detention in which I have the burden to establish my eligibility for release from custody. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the judgment, warrant, and warrant application. a preliminary hearing. a detention hearing. an identity hearing, production of the judgment, warrant, and warrant application, and any preliminary or detention hearing to which I may be entitled in this district. I request that my ’ preliminary hearing and/or ’ detention hearing be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney

=== Waiver of Rule 5 ===

AO 466A (Rev. 12/17) Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 5 & 5.1 HEARINGS (Complaint or Indictment) I understand that I have been charged in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) (6) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either; a preliminary hearing to determine whether there is probable cause to believe that an offense has been committed, to be held within 14 days of my first appearance if I am in custody and 21 days otherwise, unless I have been indicted beforehand. a hearing on any motion by the government for detention; request a transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the warrant. a preliminary hearing. a detention hearing. an identity hearing, production of the judgment, warrant, and warrant application, and any preliminary or detention hearing to which I may be entitled in this district. I request that my ’ preliminary hearing and/or ’ detention hearing be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney