United States District Court, D. Arizona
Honorable David C. Bury United States District Judge
is a pro se prisoner who has filed an action alleging civil
rights violations. See Fed. R. Civ. P.
26(a)(1)(B)(iv) (exempting from Rule 26 initial disclosure
requirements actions brought without an attorney by a person
in custody); LRCiv. 16.2(b)(2)(B) (setting case management
deadlines for cases designated on the detainee track). The
following Scheduling Order, entered pursuant to Fed.R.Civ.P.
16, shall govern the course of this action:
IS ORDERED that the parties abide by the following:
motion for summary judgment regarding exhaustion of
administrative remedies shall be filed within 60 days
of the filing date of this Order. Albino v.
Baca, 747 F.3d 1162 (9th Cir. 2014).
If such a motion is filed by that date, discovery is
stayed and the deadlines set in this scheduling order are
continued to begin running from the date the motion for
summary judgment is resolved. If no such motion is
filed by that date, the following scheduling order is
deadline for disclosure of all lay and expert witnesses is:
120 days from the filing date of
this Order or 120 days from the filing date of the Order
resolving any motion for summary judgment regarding
discovery shall be completed by: 150 days from the
filing date of this Order or 150 days from the filing date of
the Order resolving any motion for summary judgment regarding
exhaustion. Parties are reminded that they are not
to file the actual disclosures with the Court, just the
notices of disclosure.
event of a dispute over discovery matters, parties are
cautioned to first engage in personal consultation regarding
the dispute and to make a sincere effort to resolve the
conflict. The parties should act to resolve discovery
disputes quickly. The moving party must certify that after
consultation, the parties have been unable to resolve the
matter. LRCiv. 7.2(j).
Dispositive motions, other than the exhaustion motion, shall
be filed by 30 days from the completion of
including dispositive motions, shall be set for oral
argument, if requested by counsel, and at the discretion of
the Court. A party desiring oral argument on a motion shall
request argument by placing “Oral Argument
Requested” immediately below the title of the motion or
response, pursuant to LR Civ. 7.2(f). The Court will set oral
any pleadings or memoranda are appended with more than one
exhibit, the exhibits shall be divided by tabbed dividers,
and there shall be a table of contents for the exhibits. All
documents shall be secured on the left-hand side either by a
staple or in some other fashion so that pages can be turned
without the document falling apart. This applies to an
original filed under seal and all copies. JUDGE'S
COURTESY COPIES ARE REQUIRED, which “shall
reference the specific document number, [and] shall be
printed directly from CM/ECF.” See LR Civ.
5.4; Administrative Policies and Procedures Manual §
II.D (emphasis added).
to LR Civ. 7.2(i), failing to file the requisite responsive
memorandum or failing to appear at oral argument may be
deemed a consent to the granting or denial of any motion, and
the Court may dispose of the motion summarily.
parties shall file their joint proposed pretrial order by:
30 days from the close of discovery or 30 days from
the filing date of the Order resolving any dispositive motion
filed after discovery is completed.
pretrial conference will be set upon receipt of the joint
proposed pretrial order. The parties responsible for trial of
the lawsuit shall appear and participate in the Pretrial
Conference. At the pretrial conference the Court will set the
deadlines for filing and disposing of the following matters:
proposed voir dire, jury ...