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Shupe v. Lewis & Lewis Insurance Agency Inc.

United States District Court, D. Arizona

March 6, 2019

Richard Shupe, et al., Plaintiffs,
Lewis & Lewis Insurance Agency Incorporated, et al., Defendants.



         The Court, having reviewed the parties' Joint Case Management Report and having conducted a Scheduling Conference on Tuesday, March 5, 2019:

         IT IS ORDERED that the parties abide by the following schedule and rules:

         1. The parties are referred to Federal Rule Civil Procedure, Rule 15(a) for any amendment to the pleadings, including those to join parties.

         2. 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 time.[1]

         3. The 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.

         4. Discovery, including final supplementation of discovery responses under the MIDP as required in General Order 17-08 ¶ A8, shall be completed by: September 16, 2019.

         Counsel 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.

         In the 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.

         5. 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.

         Pursuant 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.

         Dispositive 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.

         When 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 (emphasis added).

         6. The 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 ...

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