United States District Court, D. Arizona
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 ...