United States District Court, D. Arizona
ORDER: SETTING RULE 16 CASE MANAGEMENT SCHEDULING
Honorable David C. Bury United States District Judge
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.
IT IS ORDERED that, within 20 days of the
filing date of this Order, the Defendants shall answer the
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.
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.
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
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 ...