League of Women Voters of Arizona v. Reagan

          ORDER SETTING PRELIMINARY INJUNCTION HEARING

          JAMES A. TEILBORG UNITED STATES DISTRICT JUDGE.

         IT IS ORDERED setting an evidentiary hearing on Plaintiff's Motion for Preliminary Injunction (Doc. 5)^[1] on September 12, 2018 at 9:00 a.m.; (this hearing will be held at 401 W. Washington Street, Phoenix, Arizona 85003, Courtroom 503).

         IT IS FURTHER ORDERED that, to give both parties equal opportunity to present evidence, Plaintiffs' request that Plaintiffs only be permitted to take expedited discovery (Doc. 9) is denied. Each party may present whatever witnesses are necessary at the hearing.

         IT IS FURTHER ORDERED that Defendant shall respond to the pending motion (Doc. 5) by August 31, 2018. Plaintiffs shall reply by September 5, 2018.

         IT IS FURTHER ORDERED that, Plaintiffs indicated in a call to the Court seeking a hearing date that the injunction request must be ruled on by September 15, 2018. The Court has located no reference to this date in Plaintiffs' filings. Thus, by noon August 24, 2018, Plaintiffs must file a brief explaining why September 15, 2018 is the relevant deadline for considering the preliminary injunction request.

         IT IS FURTHER ORDERED that the motion to exceed page limit (Doc. 8) is granted to the extent that the motion (Doc. 5), which is already filed, is accepted.

         IT IS FURTHER ORDERED that, the parties shall confer and by August 27, 2018 file a notice containing their estimated length of time for the hearing.^[2]

         IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by September 6, 2018, setting forth the following information:^[3]

A. COUNSEL FOR THE PARTIES

Include the mailing addresses, office phone numbers and email addresses.

Plaintiff(s):

Defendant(s):

B. STATEMENT OF JURISDICTION

Cite the statute(s) that gives this Court jurisdiction. 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.)

         C. LIST OF WITNESSES

         Each party shall separately list the names of witnesses, their respective addresses, whether a fact or expert witness, and a brief statement as to the testimony of each witness. The witnesses shall be grouped as follows: (1) witnesses who shall be called at the hearing; (2) witnesses who may be called at the hearing; and (3) witnesses who are unlikely to be called at the hearing.

         Additionally, the parties shall include the following text in this section of the joint pre-hearing statement: “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 witnesses above and that party cannot rely on that witness having been listed or subpoenaed by another party.”

         D. LIST OF EXHIBITS (SEE ATTACHMENT #1 - the parties shall number exhibits as provided in Attachment #1 (“Exhibits - Marking, Listing and Custody”), and such numbers shall correspond to the numbers of exhibits listed in the joint pre-hearing statement):

1. The following exhibits are admissible in evidence and may be marked in evidence by the Clerk:

a. Plaintiff's Exhibits:

b. Defendant's Exhibits:

2. As to the following exhibits, the parties have reached the following stipulations:

a. Plaintiff's Exhibits:

b. 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 ...