Allstate Insurance Company v. United States of America et al, No. 3:2008cv08034 - Document 21 (D. Ariz. 2008)
Court Description: RULE 16 SCHEDULING ORDER granting 20 Stipulated Motion for Scheduling Order. Discovery must be completed by 3/27/09. Dispositive motions shall be filed no later than 4/10/09. (See document for full details). Signed by Judge Stephen M McNamee on 11/3/2008.(LAD)
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Allstate Insurance Company v. United States of America et al 1 Doc. 21 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 ALLSTATE INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) ) Defendant. ) No. CV 08-8034-PHX-SMM RULE 16 SCHEDULING ORDER 15 On October 27, 2008, a status conference was held in open court. Pursuant to the 16 Court’s Order at this status conference, the parties were asked to stipulate to deadlines for 17 the completion of discovery and dispositive motions (Doc. 18). Pending before the Court is 18 the parties Stipulated Motion for Scheduling Order (Doc. 20). In accordance with that 19 Stipulation, the Court orders the following: 20 IT IS HEREBY ORDERED GRANTING the Stipulated Motion for Scheduling 21 Order (Doc. 20). 22 IT IS FURTHER ORDERED that the current provisions of the Federal Rules of 23 Civil Procedure shall apply to all proceedings concerning this case. 24 IT IS FURTHER ORDERED that all Initial Disclosures as defined in Federal Rule 25 of Civil Procedure 26(a), if not already exchanged prior to the time of this Preliminary 26 Pretrial Conference, shall be made no later than five (5) days after date of entry of this 27 Order or, in the alternative, no later than____N/A____. 28 Dockets.Justia.com 1 IT IS FURTHER ORDERED that to satisfy the requirements of Federal Rule of 2 Civil Procedure 26(a), the parties shall file with the Clerk of the Court a Notice of Initial 3 Disclosure, rather than copies of the actual disclosures. 4 IT IS FURTHER ORDERED that any amendment to the Complaint shall be filed 5 no later than ___N/A____. Any amendment to the Answer shall be filed no later than 6 ____N/A____. IT IS HEREBY ORDERED that the current provisions of the Federal Rules 7 of Civil Procedure shall apply to all proceedings concerning this case. 8 IT IS FURTHER ORDERED that the Plaintiff(s) shall disclose the identity of any 9 person who may be used at trial to present evidence under Federal Rules of Evidence 701, 10 702, 703, 704, and 705 no later than December 12, 2008.1 The Defendant(s) shall disclose 11 the identity of any person who may be used at trial to present evidence under Federal Rules 12 of Evidence 701, 702, 703, 704, or 705 no later than January 23, 2009. Rebuttal experts if 13 any, shall be disclosed no later than February 20, 2009. No deposition of any expert 14 witnesses shall occur before the disclosures concerning expert witnesses mandated by this 15 Order are made. 16 IT IS FURTHER ORDERED that the disclosures of the identities of any persons 17 who may be used at trial to present evidence under Federal Rules of Evidence 701, 702, 703, 18 704, or 705 shall also include all of the disclosures required by Federal Rule of Civil 19 Procedure 26(a)(2)(B) if the witness is either (1) retained or specifically employed to provide 20 expert testimony in the case, or (2) is an agent or employee of the party offering the 21 testimony whose duties regularly involve giving expert testimony. 22 IT IS FURTHER ORDERED that all discovery, including depositions of parties, 23 witnesses, and experts, answers to interrogatories, and supplements to interrogatories must 24 be completed by March 27, 2009. In no event, however, shall this provision alter the duties 25 and obligations imposed upon the parties by Federal Rule of Civil Procedure 26(e). This 26 27 28 1 The parties are hereby given notice that this Order requires disclosure greater than that required by Federal Rule of Civil Procedure 26(a)(2). -2- 1 Order contemplates that each party will conduct discovery in such a manner as to complete, 2 within the deadline, any and all discovery. "Last minute" or "eleventh hour" discovery which 3 results in insufficient time to undertake additional discovery and which requires an extension 4 of the discovery deadline will be met with disfavor, and could result in denial of an 5 extension, exclusion of evidence, or the imposition of other sanctions. 6 IT IS FURTHER ORDERED that depositions shall be limited as provided by Rules 7 30 and 31 of the Federal Rules of Civil Procedure unless the parties otherwise stipulate in 8 writing when permitted to do so pursuant to the Rules or when granted permission to depart 9 from the provisions of the Rules by Order of this Court. Notwithstanding any provision in 10 the Federal Rules of Civil Procedure or the Local Rules, the parties shall conduct no more 11 than 10 depositions. 12 IT IS FURTHER ORDERED pursuant to Federal Rule of Civil Procedure 30(d)(2) 13 that there shall be a time limit of 4 hours2 to conduct a deposition of any witness in this case. 14 Additional time shall be allowed where the deponent or a party impedes or delays the 15 examination. This time limit may only be extended by Order of this Court upon motion of 16 any party that demonstrates good cause for doing so. Counsel shall conduct themselves 17 courteously and professionally, especially during the taking of depositions. Any objections 18 made during the course of a deposition must be in accordance with Rule 26(d)(1) of the 19 Federal Rules of Civil Procedure. 20 IT IS FURTHER ORDERED that notwithstanding any provisions of the Federal 21 Rules of Civil Procedure or any other provisions of this Order, non-party witnesses shall not 22 be permitted to attend, either physically, electronically, or otherwise, the deposition of any 23 other witness in this case without an Order of this Court to the contrary. 24 IT IS FURTHER ORDERED that discovery by interrogatory shall generally be 25 governed by Federal Rule of Civil Procedure 33. However, notwithstanding Federal Rule 26 27 28 2 The Court finds that a presumptive limit of four (4) hours is sufficient for depositions in a standard track civil case. -3- 1 of Civil Procedure 33, there is a limit of 25 interrogatories, including discrete subparts, 2 applicable to this case. 3 IT IS FURTHER ORDERED that requests for admissions shall be governed by 4 Federal Rule of Civil Procedure 36. The parties shall serve no more than 25 requests for 5 admissions. 6 IT IS FURTHER ORDERED reminding counsel of their duty under Rule 26(e) of 7 the Federal Rules of Civil Procedure to supplement all Rule 26(a) disclosures and responses 8 to discovery requests. Pursuant to Rule 26(e)(1), any additions or other changes to 9 information previously disclosed must be made prior to the time that Rule 26(a)(3) Pretrial 10 Disclosures are due. Since this Court effectively requires all Rule 26(a)(3) Pretrial 11 Disclosures to be contained in the Proposed Final Pretrial Order, this Order contemplates that 12 all exhibits and witnesses that may be offered at trial will have been disclosed before the 13 close of discovery as established by the provisions of this Order. This Order therefore 14 supersedes the "thirty-day before trial" disclosure deadline contained in that Rule. Therefore 15 (1) failure to have timely supplemented a Rule 26(a) disclosure, including but not limited to 16 witnesses and exhibits, or (2) a failure to have timely supplemented responses to any valid 17 discovery requests, or (3) attempting to include any witnesses or exhibits in the Proposed 18 Final Pretrial Order that were not previously disclosed in a timely manner as to allow for 19 meaningful discovery prior to the discovery cutoff date as established by this Order, may 20 result in the exclusion of such evidence at trial or the imposition of other sanctions. 21 IT IS FURTHER ORDERED that, in the event of a discovery dispute, the parties 22 shall contact the Court to request a telephonic conference prior to filing any discovery 23 motions. The parties shall not contact the Court regarding a discovery dispute unless they 24 have been unable to resolve the dispute themselves, despite personal consultation and sincere 25 efforts to do so. The parties shall not file any written materials related to a discovery dispute 26 or discovery motion without express leave of Court. If the Court does order written 27 submissions, the movant shall include a statement certifying that counsel could not 28 satisfactorily resolve the matter despite personal consultation and sincere efforts to do so, in -4- 1 accordance with LRCiv 7.2(j) of the Rules of Practice of the United States District Court for 2 the District of Arizona. 3 IT IS FURTHER ORDERED that all dispositive motions shall be filed no later than 4 April 10, 2009. Such motions must be, in all respects, in full compliance with the Rules of 5 Practice of the United States District Court for the District of Arizona. 6 7 IT IS FURTHER ORDERED that no submissions to the Court shall contain any footnotes in excess of five (5) lines. 8 IT IS FURTHER ORDERED that all parties are hereby specifically admonished that 9 failure to respond to a motion by serving and filing an answering memorandum within the 10 time period expressly provided for in LRCiv 7.2 of the Rules of Practice of the United States 11 District Court for the District of Arizona may be deemed a consent to the denial or granting 12 of the motion and the Court may then dispose of the motion summarily. 13 IT IS FURTHER ORDERED that the parties shall not notice oral argument on any 14 motion. Instead, a party desiring oral argument on a motion shall request argument by 15 placing “Oral Argument Requested” immediately below the title of such motion, pursuant 16 to LRCiv 7.2(f) of the Rules of Practice of the United States District Court for the District 17 of Arizona. The Court will then issue a minute order scheduling the oral argument. 18 Oral argument shall be scheduled at the request of a party on all motions to dismiss 19 and motions for summary judgment. On all other motions on which a party requests oral 20 argument, the Court will determine whether oral argument is necessary. FURTHER, THE 21 PARTIES ARE REMINDED THAT OBTAINING A HEARING DATE IS PURELY 22 ADMINISTRATIVE. ACCORDINGLY, REGARDLESS OF A HEARING DATE, THE 23 COURT MAY, AT ANY TIME AFTER THE MOTION IS FULLY BRIEFED, 24 DETERMINE THAT A HEARING IS UNWARRANTED AND RULE ON THE MOTION 25 WITHOUT ORAL ARGUMENT. 26 IT IS FURTHER ORDERED that any and all motions, requests, or stipulations for 27 extensions of time shall be made in accordance with the provisions of LRCiv 7.3 of the Rules 28 of Practice of the United States District Court for the District of Arizona. Notwithstanding -5- 1 this directive, however, if such a motion, request, or stipulation seeks an extension of time 2 in which to file a memorandum in response or in reply to a motion previously noticed for oral 3 argument, under no circumstances shall such a motion, request, or stipulation seek an 4 extension that would preclude the Court from having at least thirty (30) days from the due 5 date for the filing of the reply memorandum to consider the merits of the underlying motion 6 unless the motion, request, or stipulation also seeks to vacate and reschedule the oral 7 argument. Any motion, request, or stipulation that so seeks both an extension of time and 8 rescheduling of a hearing shall contain a memorandum of points and authorities which 9 demonstrates good cause for the Court to grant the requested extension. 10 IT IS FURTHER ORDERED that, if no dispositive motions are pending before the 11 Court after the dispositive motions deadline has passed, Plaintiff(s) shall file a Notice of 12 Readiness for Order Re: Final Pretrial Conference within ten (10) days of the dispositive 13 motions deadline. 14 IT IS FURTHER ORDERED that, if dispositive motions are pending before the 15 Court following the dispositive motions deadline, the Court will issue an Order Re: Final 16 Pretrial Conference following its resolution of the dispositive motions, if necessary. 17 IT IS FURTHER ORDERED that the Order Re: Final Pretrial Conference shall: 1) 18 set deadlines for the filing of and response to motions in limine; 2) instruct the parties on 19 their duties in preparing for the Final Pretrial Conference and for trial; and 3) include a form 20 for the completion of the parties’ Proposed Pretrial Form of Order. 21 IT IS FURTHER ORDERED that the parties shall keep the Court informed 22 regarding the possibility of settlement and should settlement be reached, the parties shall file 23 a Notice of Settlement with the Clerk of the Court. 24 25 26 27 28 -6- 1 IT IS FURTHER ORDERED that this Court views compliance with the provisions 2 of this Order as critical to its case management responsibilities and the responsibilities of the 3 parties under Rule 16 of the Federal Rules of Civil Procedure. 4 DATED this 3rd day of November, 2008. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-
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