United States District Court, D. Arizona
RULE 16 SCHEDULING ORDER
HONORABLE DAVID C. BURY, UNITED STATES DISTRICT JUDGE
Court, having reviewed the parties' Joint Case Management
Report and having conducted a Scheduling Conference on
Tuesday, March 5, 2019:
ORDERED that the parties abide by the following schedule and
parties are referred to Federal Rule Civil Procedure, Rule
15(a) for any amendment to the pleadings, including those to
Initial disclosures required by Federal Rule of Civil
Procedure 26(a) are preempted by the Mandatory Initial
Discovery Pilot (MIDP) Project, implemented by General Order
17-08. Pursuant to ¶ A9, there is no MIDP discovery
completed to date that requires supplementation at this
Plaintiff shall disclose any expert witness and their reports
to the Defendant on or before: June 17,
2019. The Defendant shall have 30 days from the date
of Plaintiff's expert witness disclosure to disclose any
experts and their reports. Plaintiff may have 15 days,
thereafter, to disclose any rebuttal expert opinions.
Discovery, including final supplementation of discovery
responses under the MIDP as required in General Order 17-08
¶ A8, shall be completed by: September 16,
are reminded that they are not to file the actual disclosures
with the Court, just the notices of disclosure, pursuant to
the Rules of Practice of the United States District Court for
the District of Arizona (Local Rules), LR Civ.5.2. Discovery
is governed by the Federal Rules of Civil Procedure in regard
to limitations on interrogatories and depositions. Leave of
Court is required for any divergence from the federal rules.
Interrogatories must be submitted sufficiently in advance to
permit the opposing party to answer before the discovery
deadline, thereby giving the party submitting the
interrogatories sufficient time to undertake discovery made
necessary by the answers.
event of a dispute over discovery matters, the parties are
cautioned to first engage in personal consultation regarding
the dispute and to make a sincere effort to resolve the
conflict. See Local Rule 7.2(j). Counsel should act to
resolve discovery disputes quickly. If such efforts fail,
Counsel should then jointly call the Judge's law clerk to
arrange a schedule for resolving the dispute expeditiously.
Dispositive motions shall be filed by: October 14,
2019. Counsel are reminded that all motions,
memoranda, and pleadings submitted for the Court's review
and decision must comply with the filing, time, and form
requirements of the Local Rules.
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 a motion, and
the Court may dispose of the motion summarily.
motions shall be set for oral argument at the request of
counsel. All other motions shall be set for oral argument, if
requested by counsel, 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 argument accordingly.
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 submitted to the Court shall have two holes punched
at the top-center using a standard two-hole punch.
Additionally, 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
parties shall file their joint proposed pretrial order by:
November 14, 2019. In the event dispositive
motions are filed, the joint proposed pretrial order will be
due 30 days after the Court has ...