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TM Technologies Inc. v. Hand Technologies, Inc.

United States District Court, D. Arizona

September 16, 2019

TM Technologies Incorporated, Plaintiff,
v.
Hand Technologies Incorporated, et al., Defendants.

          ORDER: SETTING RULE 16 SCHEDULING CONFERENCE

          HONORABLE DAVID C. BURY UNITED STATES DISTRICT JUDGE.

         IT IS ORDERED that, pursuant to Rule 16, Federal Rules of Civil Procedure, a Pretrial Scheduling Conference is set for Thursday, October 17, 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 to (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, counsel 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. General Order 17-08, as amended November 1, 2018, supersedes the parties' obligations to provide initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1). Prior to when the parties confer pursuant to Rule 26(f), counsel should make the necessary disclosures required under the General Order. See Doc. 6: Notice to the Parties of Mandatory Initial Discovery Pilot Project (MIDP), MIDP Checklist, General Order 17-08 (providing requirements for initial disclosures under the Mandatory Initial Discovery Pilot (MIDP) program).[1] At the Rule 26(f) conference, the parties should discuss the mandatory initial discovery responses and seek to resolve any limitations they have made or intend to make. See below ¶ 10.

         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. NOTE: If this is an employment discrimination case, it will be referred to an early settlement conference unless the parties object and provide good cause for the Court to not make the referral; and

         7. Any other matters which counsel may feel will help dispose of the matter in an efficient manner.

         IT IS FURTHER ORDERED that the parties shall prepare a joint Case Management Plan and file it with the Court not less than 5 days before the Rule 16 scheduling conference. The report shall include individually numbered brief statements indicating:

         1. The names and telephone numbers for counsel who are appearing at the Pretrial Scheduling Conference.

         2. The nature of the case, setting forth the factual and legal basis of plaintiff's ...


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