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Perry v. Peak Property and Casualty Insurance Corp.

United States District Court, D. Arizona

February 5, 2019

Kevin Perry, et al., Plaintiffs,
v.
Peak Property and Casualty Insurance Corporation, et al., Defendants.

          ORDER: SETTING RULE 16 CASE MANAGEMENT SCHEDULING CONFERENCE

          Honorable David C. Bury United States District Judge

         This case having been reversed and remanded on appeal of this Court's granting of the Defendant Peak Property and Casualty Insurance Corporation Motion for Judgment on the Pleadings, the Mandate issued on January 28, 2019.

         Accordingly,

          IT IS ORDERED that, within 20 days of the filing date of this Order, the Defendants shall answer the Complaint.

         IT FURTHER IS ORDERED that, pursuant to Rule 16, Federal Rules of Civil Procedure, a Pretrial Scheduling Conference is set for Tuesday, April 9, 2019, at 11:00 a.m. The conference will be held telephonically with the Judge's law clerk, Greer Barkley. Plaintiffs' counsel shall initiate the conference call with all appropriate parties on the line at: (520) 205-4560.

         Counsel are directed to consult the Federal Rules of Civil Procedure for the objectives of the conference. At least one of the attorneys for each party attending the conference shall have authority to enter into stipulations and make admissions regarding all matters which may be discussed.

         IT IS FURTHER ORDERED that, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties' attorneys are directed to confer at least 21 days prior to the scheduling conference to discuss the following matters:

1. Any matters relating to jurisdiction, venue, the joinder of additional parties or amendment of the pleadings;
2. The scope of discovery. Counsel are expected to comply with Rule 26(f), Federal Rules of Civil Procedure, and seek to minimize the expense of discovery. The parties shall determine how to handle the disclosure or discovery of electronically stored information. The parties shall make any agreements as to how to handle claims of privilege or claims of protection for trial-preparation materials asserted after production;
3. Initial Disclosures. Prior to or when the parties confer pursuant to Rule 26(f), counsel should make the necessary disclosures required under Rule 26(a)(1). See Fed.R.Civ.P. 26(a)(1)(C) (providing for the Court to set the time for initial disclosures), see Fed. R. Civ. P.26(f)(2) (providing for initial disclosures to be made when parties confer). The parties shall include in their discovery plan when they made initial disclosures. Fed. R. Civ. P.26(f)(3)(A);
4. A schedule for all pre-trial proceedings;
5. Modification of pre-trial procedures due to the simplicity or complexity of the case;
6. Prospects for settlement; and
7. Any other matters which counsel may feel will help dispose of the matter in ...

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