1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Mussalina Muhaymin, et al.,

Plaintiffs,

v. 

City of Phoenix, et al.,

Defendants.

No. CV-17-04565-PHX-SMB

TRIAL SETTING ORDER 

IT IS ORDERED setting a 15-Day Jury Trial commencing on September 14, 

2021. Trial hours are from 9:00 a.m. to 4:30 p.m. (except for the first day which starts at 

8:45 a.m.) before:

THE HONORABLE SUSAN M. BRNOVICH

UNITED STATES DISTRICT COURT

SANDRA DAY O’CONNOR U.S. COURTHOUSE

401 WEST WASHINGTONSTREET

COURTROOM 506

PHOENIX, ARIZONA 85003

THIS IS A FIRM TRIAL SETTING.

Please note that normal trial days are Tuesday through Friday. Each day shall 

commence at 9:00 a.m. (unless otherwise ordered). The lunch break will be taken at 12:00 

p.m., with the afternoon session to begin promptly at 1:15 p.m. A fifteen (15) minute break 

will be taken both mid-morning and mid-afternoon, with the trial day to end at 4:30 p.m.

Case 2:17-cv-04565-SMB Document 266 Filed 12/02/20 Page 1 of 4
- 2 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IT IS FURTHER ORDERED setting a Final Trial Management Conference on 

August 20, 2021 at 9:00 a.m. (30 minutes allotted). Trial counsel and/or the parties shall 

attend this conference in person. The parties shall submit a Joint Final Pretrial Statement 

no later than August 13, 2021. The Final Pretrial Statement shall include all the 

information prescribed in the Final Pretrial Statement form found at www.azd.uscourts.gov

under Judges and Courtrooms, Forms and Procedures.

IT IS FURTHER ORDERED that the following be completed three days prior to 

the Final Trial Management Conference:

1. EXHIBITS 

All trial exhibits shall be submitted. The parties shall (a) number and mark 

exhibits in accordance with the instructions found in Exhibit Marking 

Instructions at www.azd.uscourts.gov under Judges and Courtrooms, Forms and 

Procedures (such numbers shall correspond to exhibit numbers listed in the 

Proposed Final Pretrial Order); (b) meet in person and exchange marked copies 

of all exhibits to be used at trial no later than 14 days before the submission 

deadline for the Proposed Final Pretrial Order (any exhibit not marked and 

exchanged at this meeting shall be precluded at trial); and (c) eliminate any 

duplicate exhibits while meeting to exchange exhibits.

2. MOTIONS IN LIMINE

Pursuant to LR Civ 7:2(1), counsel shall meet and confer to discuss and identify 

any disputed evidentiary issues that are anticipated to be the subject of motions 

in limine. The parties are directed to provide the court with a written report of 

agreements reached at the conference so that the court can enforce such 

agreements. At the time of filing any motions in limine, counsel shall also 

provide the court notice that counsel have met in person prior to the filing of said 

motions in limine or the motion(s) may be stricken.

The parties shall file and serve all motions in limine no later than 30 days prior 

to the Final Trial Management Conference. Each motion in limine shall include 

Case 2:17-cv-04565-SMB Document 266 Filed 12/02/20 Page 2 of 4
- 3 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

proposed language for the order in limine being sought from the Court, and the 

proposed language shall state with precision the evidence that is subject to the 

proposed order and the limitation or exclusion placed on the evidence. The 

motions and responses must be concise and shall not exceed three (3) pages in 

length. No replies shall be filed unless prior written leave of Court is granted. 

No party may file more than three motions in limine. Counsel shall be preparted 

to argue the merits of such motions at the Final Trial Management Conference.

3. VOIR DIRE

The parties shall jointly file a proposed set of voir dire qustions. The voir dire 

questions shall be drafted in a neutral manner. To the extent possible, the parties 

shall stipulate to the proposed questions. If the parties have any disagreement 

about a particular question, they shall state the reason for their objection below 

the question. The parties shall also provide, for the purposes of voir dire, a joint 

master list of the names of every witness who may be called at trial.

4. PROPOSED JURY INSTRUCTIONS

The parties shall file proposed jury instructions in accordance with “Guidelines 

for Jury Instructions in Civil Cases” found at www.azd.uscourts.gov under 

Judges and Courtrooms and Orders, Forms and Procedures.

5. PROPOSED FORM OF VERDICT

Each party shall file a proposed form of verdict, including any proposed special 

verdict forms or juror interrogatories.

6. FORMATTING

The proposed voir dire questions, proposed jury instructions, and forms of 

verdict shall be submitted in Word format by email to 

brnovich_chambers@azd.uscourt.gov.

7. SETTLEMENT

The parties shall promptly notify the Court if a settlement is reached.

Case 2:17-cv-04565-SMB Document 266 Filed 12/02/20 Page 3 of 4
- 4 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

No information disclosed after the dates contained in the order may be used at the 

trial absent court order on motion and affidavit.

Dated this 2nd day of December, 2020.

Case 2:17-cv-04565-SMB Document 266 Filed 12/02/20 Page 4 of 4