ORDER Motions in Limine due by 9/2/2005; responses due 9/9/05; no replies allowed. Proposed Pretrial Order due by 9/2/2005. Pretrial Conference set for 9/21/2005 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G. Campbell. Signed by Judge David G. Campbell on 7/15/05. (DGC, )
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)
)
Plaintiff,
)
)
v.
)
)
Phoenix U nion High School District, a)
political subdivision of the State of)
)
Arizona,
)
Defendants.
)
)
Thelma M . Sparks,
CV-02-2581 PHX-DGC
CV-03-2339 PHX-DGC
(Consolidated Actions)
ORDER S ETTING FINAL PRETRIAL
CONFERENCE
Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial
Conference shall be held on S eptember 21, 2005 at 4:00 p.m. in Courtroom 603, Sandra
Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-
. In preparation for this Final Pretrial Conference, it is hereby Ordered:.
The at t orney s who will be responsible for the trial of the
email toPage 2 1
Nancy_Johnson@azd.uscourts.gov or on an IBM -compatible computer disk..
The Proposed Final Pretrial Order shall include the informat ion p rescribed in
the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges
and Court rooms and Orders, Forms and Procedures. Information shall not be set forth in
the form of a question, but shall be presented in concise narrative statements.
.
Pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow t he
parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance
with the provisions of this Order and the Federal Rules of Civil Procedure and lis ted in the
Proposed Final Pretrial Order, except to prevent manifest injustice.
.
The p art ies shall exchange drafts of the Proposed Final Pretrial Order no later
than 14 days before the submission deadline.
initiating communications concerning the Proposed Final Pretrial Order.
.
The Plaintiff(s) shall have the burden of
T he parties shall (a) number and mark exhibits in accordance w it h t he
instructions found in Exhibit M arking Instructions at www.azd.uscourt s .gov under Judges
and Courtrooms and Orders, Forms and P rocedures (such numbers shall correspond to
exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and
exchange marked copies of all exhibit s to be used at trial no later than 14 days before the
s ubmis sion deadline for the Proposed Final Pretrial Order (any exhibit not marked and
exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate
exhibits while meeting to exchange exhibits.
.
The parties shall file and serve all motions in limine no later than
S eptember 2, 2005.
S eptember 9, 2005.
in limine being sought from the Court, and the proposed language shall state with precision
the evidence that is subject to the proposed order and t he limitation or exclusion placed
on the evidence. The motions and responses must be concise and shall not exceed three
(3) pages in length. No replies shall be filed. Couns el s hall be prepared to argue the merits
Responses to motions in limine shall be filed on or before
Each motion in limine shall include proposed language for the order
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of such motions at the Final Pretrial Conference..
If thisPage 4 1
Decorum before the Final Pretrial Conference. A copy can be found on the Court's website
at
Procedures.
www.azd.uscourts.gov
under
Judges
and
Courtrooms
and
Orders,
Forms
and
Full and complete compliance with t his Order shall be required by the Court.
.
DATED this 15th day of July, 2005.
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IN THE UNITED S TATES DIS TRICT COURT
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FOR THE DIS TRICT OF ARIZONA
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)
)
Plaintiff,
)
)
v.
)
)
Phoenix U nion High School District, a)
political subdivision of the State of)
)
Arizona,
)
Defendants.
)
)
Thelma M . Sparks,
CV-02-2581 PHX-DGC
CV-03-2339 PHX-DGC
(Consolidated Actions)
ORDER S ETTING FINAL PRETRIAL
CONFERENCE
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Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, a Final Pretrial
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Conference shall be held on S eptember 21, 2005 at 4:00 p.m. in Courtroom 603, Sandra
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Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-
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2151. In preparation for this Final Pretrial Conference, it is hereby Ordered:
1.
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The at t orney s who will be responsible for the trial of the case shall attend the
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Final Pretrial Conference.
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be discussed.
2.
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Counsel shall bring their calendars so that trial scheduling can
The parties jointly shall prepare a Prop os ed F inal Pretrial Order and shall
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lodge it with the Court no later than 4:00 p.m. on S e pte mbe r 2, 2005. Preparation and
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lodging of the Proposed Final Pretrial Order in accordance w it h t he requirements of this
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Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal
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Rules of Civil Procedure.
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Order
to
t he
Court
Case 2:02-cv-02581-DGC
The parties shall submit a copy of the Proposed Final Pretrial
in
WordP erfect ®
Document 51
9.0
format
Filed 07/15/2005
eit her
by
Page 1 of 4
email to
PDF Page 3
1
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Nancy_Johnson@azd.uscourts.gov or on an IBM -compatible computer disk.
3.
The Proposed Final Pretrial Order shall include the informat ion p rescribed in
3
the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges
4
and Court rooms and Orders, Forms and Procedures. Information shall not be set forth in
5
the form of a question, but shall be presented in concise narrative statements.
6
4.
Pursuant to Federal Rule of Civil Procedure 37(c), the Court will not allow t he
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parties to offer any exhibit, witness, or other evidence that was not disclosed in accordance
8
with the provisions of this Order and the Federal Rules of Civil Procedure and lis ted in the
9
Proposed Final Pretrial Order, except to prevent manifest injustice.
10
5.
The p art ies shall exchange drafts of the Proposed Final Pretrial Order no later
11
than 14 days before the submission deadline.
12
initiating communications concerning the Proposed Final Pretrial Order.
13
6.
The Plaintiff(s) shall have the burden of
T he parties shall (a) number and mark exhibits in accordance w it h t he
14
instructions found in Exhibit M arking Instructions at www.azd.uscourt s .gov under Judges
15
and Courtrooms and Orders, Forms and P rocedures (such numbers shall correspond to
16
exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and
17
exchange marked copies of all exhibit s to be used at trial no later than 14 days before the
18
s ubmis sion deadline for the Proposed Final Pretrial Order (any exhibit not marked and
19
exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate
20
exhibits while meeting to exchange exhibits.
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7.
The parties shall file and serve all motions in limine no later than
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S eptember 2, 2005.
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S eptember 9, 2005.
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in limine being sought from the Court, and the proposed language shall state with precision
25
the evidence that is subject to the proposed order and t he limitation or exclusion placed
26
on the evidence. The motions and responses must be concise and shall not exceed three
27
(3) pages in length. No replies shall be filed. Couns el s hall be prepared to argue the merits
Responses to motions in limine shall be filed on or before
Each motion in limine shall include proposed language for the order
28
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Case 2:02-cv-02581-DGC
Document 51
Filed 07/15/2005
Page 2 of 4
PDF Page 4
1
of such motions at the Final Pretrial Conference.
8.
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If this case will be tried to a jury, the parties shall comp let e the following
tasks by the time of the lodging of the Proposed Final Pretrial Order:
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(a)
The parties s hall file a stipulated description of the case to be read to the jury.
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(b)
The parties shall jointly file a proposed set of voir dire questions. The voir
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dire questions shall be drafted in a neutral manner. To the extent possible, the parties shall
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stipulat e t o t he proposed questions.
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particular question, they shall state the reason for their objection below the ques t ion. The
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part ies s hall also provide, for the purposes of voir dire, a joint master list of the names of
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If the parties have any disagreement about a
every witness who may be called at trial.
(c)
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The parties shall file proposed jury
instructions in accordance with
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"Guidelines for Jury Instruct ions in Civil Cases" found at www.azd.uscourts.gov under
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Judges and Courtrooms and Orders, Forms and Procedures.
(d)
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Each party shall file a proposed form of verdict, including any prop os ed
special verdict forms or juror interrogatories.
(e)
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The joint statement of the case, proposed voir dire questions, proposed jury
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instructions, and forms of verdict s hall be submitted in WordPerfect ® 9.0 format either by
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email to Nancy_Johnson@azd.uscourts.gov or on an IBM -PC compatible disk.
9.
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If the case will be tried to the Court, each party shall lodge p rop os ed findings
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of fact and conclusions of law with the Proposed Final P retrial Order.
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findings of fact and conclusions of law s hall also be submitted in WordPerfect ® 9.0 format
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either by email to Nancy_Johnson@azd.uscourts.gov or on an IBM -compatible computer
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disk.
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10.
The proposed
The parties shall be prepared t o advise the Court at the Final Pretrial
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Conference of the status of settlement discussions.
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time, the parties promptly shall file a Notice of Settlement with the Clerk of the Court.
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11.
Should s et t lement be reached at any
Counsel shall review Judge Campbell's statement of Trial Conduct and
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Case 2:02-cv-02581-DGC
Document 51
Filed 07/15/2005
Page 3 of 4
PDF Page 5
1
Decorum before the Final Pretrial Conference. A copy can be found on the Court's website
2
at
3
Procedures.
www.azd.uscourts.gov
under
Judges
and
Courtrooms
and
Orders,
Forms
and
Full and complete compliance with t his Order shall be required by the Court.
4
12.
5
DATED this 15th day of July, 2005.
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