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The Local Rules for the District of Arizona, as amended effective December 1,

2014, and the Court's Electronic Case Filing Administrative Policies and Procedures

Manual, may be found at www.azd.uscourts.gov. The Court expects counsel to

familiarize themselves with the Local Rules as the Court will enforce them. 

Counsel are advised that the Chambers' e-mail box, established pursuant to the

Court's CM/ECF rules, is to be used solely for the purpose of sending proposed orders to

the Court, and is NOT to be used as a means of communicating with Chambers'

staff.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Aviation West Charters, LLC, ) CV 15-01614 PHX PGR

)

Plaintiff, )

) ORDER SETTING SCHEDULING

vs. ) CONFERENCE

)

Star Marketing and Administration, )

Inc., et al., )

)

Defendants. )

_________________________________)

Pursuant to LRCiv 16.2, this action is designated a standard track case.1

Accordingly,

IT IS ORDERED that:

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The provisions of paragraphs (4) and (5) of this Order are expressly intended to

modify the provisions of Fed.R.Civ.P. 26(f) regarding the meeting of counsel and the

filing of a proposed discovery plan.

2

(1) This order shall serve as notice to the plaintiff under Fed.R.Civ.P. 4(m) that

the Court shall dismiss this action without further notice with respect to any defendant for

whom there is not a proper return of service on file establishing that service of process was

accomplished within 120 days of the filing of the complaint, unless the plaintiff has filed

prior to the expiration of the 120-day service period a motion requesting an extension of

time to accomplish service, or unless Rule 4(m) is not applicable because service must be

effectuated in a foreign country.

(2) THE LIMITATION ON THE COMMENCEMENT OF FORMAL

DISCOVERY SET FORTH IN FED.R.CIV.P. 26(d) IS WAIVED - FORMAL

DISCOVERY NOT ONLY MAY COMMENCE AT ANY TIME AFTER SERVICE

OF PROCESS, BUT THE COURT EXPECTS DISCOVERY TO COMMENCE

PRIOR TO THE SCHEDULING CONFERENCE.

(3) Pursuant to Fed.R.Civ.P. 16(a), a Scheduling Conference is set for

Monday, November 2, 2015, at 11:00 a.m., in Courtroom 601 of the Sandra Day

O’Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003.

The parties are directed to Rule 16 for the objectives of this conference. Lead counsel

shall appear in person at the Scheduling Conference. At least one attorney for each

party attending the conference shall have authority to enter into stipulations and make

admissions regarding all matters which may be discussed.

(4) The parties, through their counsel, or through themselves if not represented,

are directed to meet, either in person or by telephone, at least 14 days before the date for

filing the Joint Case Management Report to confer regarding:2

A. The possibility of voluntarily consenting to proceed before a United States

Magistrate Judge pursuant to 28 U.S.C. § 636(c) for all further purposes, including but not

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limited to the conducting of a jury or non-jury trial and the entry of final judgment, and the

suitability of the action for referral to an alternative dispute resolution mechanism, pursuant

to LRCiv 83.10;

B. Any matters relating to jurisdiction, venue, or joinder of additional parties;

C. The scope of discovery and possible limitations thereof, including (1) any

issues relating to the preservation of discoverable information, including issues regarding

the disclosure or discovery of electronically stored information and the forms in which it

should be produced, (2) any issues relating to assertions of privilege or work product

protection, and (3) any suggested changes in the limitations on discovery imposed by the

Federal Rules of Civil Procedures. The parties are expected to minimize the expense of

discovery whenever possible. In cases in which dispositive motions will be filed, the

parties should consider limiting discovery to the issue at hand until the Court has ruled on

the motion;

D. A schedule of all pretrial proceedings, including a trial date, an estimate

of the length of trial, and any suggestions for shortening trial;

E. Prospects for settlement, including whether the parties wish to have a

settlement conference before a magistrate judge; and

F. Any matters which the parties may feel will help dispose of the matter in

an efficient and economical manner.

(5) THE PARTIES SHALL FILE WITH THE COURT, NOT LESS THAN

FOURTEEN (14) CALENDAR DAYS BEFORE THE SCHEDULING

CONFERENCE, A "JOINT CASE MANAGEMENT REPORT" REFLECTING

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For purposes of the Court's CM/ECF system, the Joint Case Management Report

is to be e-filed under the heading of "Report re: Rule 26(f) Planning Meeting."

The report is to be signed in accordance with the "Multiple Signatures" provision

of the Electronic Case Filing Administrative Policies and Procedures Manual.

4

THE RESULTS OF THEIR DISCUSSIONS.

3

 The Joint Case Management Report shall

include individually lettered brief statements, set forth in the following order, indicating:

A. The names of the parties’ counsel, or if unrepresented the names of the

parties, who participated in the conference, the method by which the conference took place,

and the date of the conference.

B. The nature of the case, setting forth the factual and legal bases of the

plaintiff's claims and the defendant's defenses in sufficient detail such that the Court need

not refer to the parties' pleadings to understand what the case is about;

C. The jurisdictional basis of the case, citing specific statutes;

D. The factual and legal issues genuinely in dispute, and whether they can

be narrowed by stipulation or motion;

E. The parties, if any, which have not been served, as well as parties which

have not filed an answer or other appearance. Unless counsel can otherwise show cause,

a stipulation for dismissal or notice of voluntary dismissal shall accompany the joint report

dismissing any party, including a fictitiously-named party, which has not been served, or

a motion seeking entry of default and default judgment on any non-appearing, properlyserved party;

F. The names of parties not subject to the Court's jurisdiction;

G. What formal or informal discovery has been done and, if none, the

reasons justifying the lack of discovery.

H. What agreements have been entered into, and what unresolved issues

remain, regarding the preservation and disclosure of discoverable information, including

issues related to electronic discovery and assertions of privilege;

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I. Whether there are further dispositive or partially dispositive issues to be

decided by pretrial motions, and the legal issues about which any pretrial motions are

contemplated;

J. Whether the parties will consent to have a United States Magistrate Judge

preside over all further proceedings, including trial and the entry of judgment, or to have

the case referred to an alternative dispute resolution method;

K. The identity of and status of any related cases pending before other

judges of the District of Arizona or before any other federal, state, or municipal court (see

LRCiv 42.1(a) for meaning of relatedness), and, if a related case exists, how the cases are

related, and, if the related case is another federal district court case, whether a motion to

consolidate or transfer has been filed and if none, the reasons justifying the lack of such a

motion;

L. Proposed deadlines for (1) filing motions pursuant to Fed.R.Civ.P. 12(b),

(2) filing requests, whether by motion or stipulation, to amend pleadings or to join

additional parties; (3) exchanging initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and

disclosing expert witnesses and their reports pursuant to Fed.R.Civ.P. 26(a)(2); (4)

completing expert witness depositions; (5) completing discovery; (6) filing dispositive or

partially dispositive motions; and (7) filing a Joint Pretrial Statement. (Specific dates, i.e.

a month, day, and year - not x days before trial, etc. - for these deadlines must be included

in the body of the Joint Case Management Report, using the attached form of Scheduling

Order as a reference only - do not submit a completed proposed scheduling order. The

proposed dates must not be a federal legal holiday or a weekend.) If the parties cannot

agree on deadlines, separate dates may be submitted for discussion at the Scheduling

Conference;

M. Estimated date that the case will be ready for trial, the estimated length

of trial, and any suggestions for shortening the trial;

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N. Whether a jury trial has been requested, and if the parties differ as to

whether a jury trial has been properly requested, the bases for their positions;

O. Whether any settlement negotiations have taken place and the prospects

for settlement, including any request to have a settlement conference before another United

States District Judge or Magistrate Judge, or other request of the Court for assistance in

settlement efforts;

P. In class actions, the proposed dates for class certification proceedings and

other class management issues. Such certification will result in the case being reassigned

to the complex track for case management purposes;

Q. Whether any unusual, difficult, or complex problems or issues exist which

would require this case to be placed on the complex track for case management purposes;

and

R. Any other matters which the parties feel will aid the Court in resolving

this dispute in a just, speedy, and inexpensive manner.

(6) The plaintiff shall serve a copy of this order on all defendants who have not

filed an appearance with the Court, either with service of process or promptly after receipt

of this order if service was accomplished prior to such receipt, and shall promptly file a

notice of such service. It shall be the responsibility of the plaintiff to timely initiate the

communication necessary to prepare the Joint Case Management Report. THE PARTIES

AND THEIR COUNSEL ARE WARNED THAT APPROPRIATE SANCTIONS

MAY BE IMPOSED PURSUANT TO FED.R.CIV.P. 16(f) AND FED.R.CIV.P.

37(b)(2) IF THERE IS A FAILURE TO TIMELY COMPLY WITH THIS ORDER

OR IF THERE IS A FAILURE TO ATTEND THE SCHEDULING CONFERENCE.

If a party or counsel believes that good cause exists to continue the deadline for filing the

Joint Case Management Report and the Scheduling Conference date, it shall be that person's

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In order to conserve scarce judicial resources, the parties are directed to promptly

inform the Court if they are involved in negotiations which they reasonably believe may

make the resolution of any pending motion unnecessary.

7

responsibility to formally seek such a continuance prior to the date for filing the Joint Case

Management Report.4

(7) After the Scheduling Conference, the Court will enter a Scheduling Order,

which shall control the course of this action, unless modified by subsequent order. This

Court views this Scheduling Conference as critical to its case management responsibilities

and those of the parties, and the parties are cautioned that the deadlines set at this

conference shall be enforced and that no amendments to the Scheduling Order shall be

made without a court order.

(8) The parties shall satisfy the filing requirement of Fed.R.Civ.P. 26(a)(4)

by filing with the Clerk of the Court a notice of disclosure - no copies of any actual

disclosures shall be filed with the Court. (See LRCiv 5.2).

DATED this 10th day of September, 2015.

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 5 In order to conserve scarce judicial resources, the parties are directed to promptly

inform the Court if they are involved in negotiations which they reasonably believe may

make the resolution of any pending motion unnecessary.

Counsel are advised that the Chambers' e-mail box, established pursuant to the

Court's CM/ECF rules, is to be used solely for the purpose of sending proposed orders to

the Court, and is NOT to be used as a means of communicating with Chambers' staff.

EXHIBIT TO ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Xxxxx, )

)

Plaintiff, ) CV _____ P__ PGR

)

vs. )

) SCHEDULING ORDER

Yyyyy, )

)

Defendant. )

____________________________)

A Scheduling Conference having been held before this Court on ,

IT IS ORDERED that:

(1) Motions pursuant to Fed.R.Civ.P. 12(b) shall be filed no later than , and

requests, whether by motion or stipulation, to amend pleadings or to join additional parties

shall be filed no later than .

5

(2) Parties shall exchange their respective initial disclosures pursuant to

Fed.R.Civ.P. 26(a)(1), and file with the Court a notice of such exchange, no later than .

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The plaintiff shall disclose its expert witnesses, if any, and their reports in compliance with

Fed.R.Civ.P. 26(a)(2)(B) no later than . The defendant shall disclose its expert

witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later

than . Rebuttal experts and their reports, if any, shall be disclosed no later than .

Expert witness depositions shall be completed by .

(3) All discovery, including answers to interrogatories, shall be completed by 

 , and supplemental disclosures and discovery responses shall thereafter be made as

required by Fed.R.Civ.P. 26(e). Discovery which cannot be timely responded to prior to

the discovery deadline will be met with disfavor, and could result in denial of an extension,

exclusion of evidence, or the imposition of other sanctions. Parties are directed to

LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to

resolve any discovery difficulties. If parties cannot reach a resolution of discovery disputes

arising during depositions, they are directed to arrange a conference call with the Court to

resolve the disputes. 

(4) All dispositive or partially dispositive motions shall be filed by . 

(5) A Joint Pretrial Statement shall be filed by . If dispositive or partially

dispositive motions are filed, then this Joint Pretrial Statement shall be due either on the

above date or 30 days following the resolution of the motions, whichever is later, or on a

date to be set by the Court in its order resolving the dispositive or partially dispositive

motions. 

 The content of the Joint Pretrial Statement shall include, but not be limited to,

that prescribed in a standard form of Joint Pretrial Statement provided to the parties. The

parties shall augment the Joint Pretrial Statement as necessary so it contains all of the

pretrial disclosures as defined and required by Fed.R.Civ.P. 26(a)(3). It shall be the

responsibility of the plaintiff to timely initiate the process of drafting the Joint Pretrial

Statement and the plaintiff shall submit its draft of the Joint Pretrial Statement to the

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The trial brief shall raise all significant disputed issues of law and fact, including

foreseeable procedural and evidentiary issues, and shall set forth the party’s positions

thereon with supporting arguments and authorities.

A form with instructions regarding the marking, listing and custody of exhibits,

and a form with instructions regarding the submission of jury instructions, shall be given

to counsel at the Pretrial Conference.

3

defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement.

(6) Motions in limine shall be filed no later than the date for filing the Joint Pretrial

Statement. Responses to motions in limine are due ten business days after service. No

replies are permitted. The hearing on the motions in limine, if one is permitted by the

Court, will take place at the time of the Pretrial Conference. No motion in limine shall be

filed unless a statement of moving counsel is attached thereto certifying that after personal

consultation and sincere efforts to do so, counsel have been unable to satisfactorily resolve

the matter.

(7) The attorneys for each party who will be responsible for trial of the lawsuit, or

the parties if pro per, shall appear and participate in a Pretrial Conference on . If

dispositive or partially dispositive motions are filed, the Court will enter an order, as

necessary, continuing the date of the Pretrial Conference, the deadline for filing trial-related

documents, and the trial date until after the resolution of such motions and the filing of a

Joint Pretrial Statement.

 Because Pretrial Conferences are held for the parties' benefit, and further because

the parties' presence will facilitate frank discussion of the pertinent issues in the lawsuit,

each party, or a representative of each party with binding settlement authority, shall attend

the Pretrial Conference. 

(8) Unless otherwise subsequently ordered by the Court, the parties’ trial briefs,

proposed findings of fact and conclusions of law or proposed jury instructions and proposed

voir dire questions shall be filed no later than .

6

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(9) Unless otherwise subsequently ordered by the Court, the trial of this action shall

commence on .

(10) The parties are cautioned that the deadlines set in this Scheduling Order

shall be enforced, and that the Court will not entertain any stipulations to continue

them - any request to extend any of the deadlines set herein must be made by means

of a motion, joint or otherwise, and no such motion shall be granted unless very good

cause is shown.

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EXHIBIT TO ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Xxxxxxxx, )

)

Plaintiff, ) CV ____ P__ PGR

)

 vs. ) JOINT PRETRIAL STATEMENT

Yyyyyyyy, )

)

Defendant. ) )

Pursuant to the Scheduling Order entered on _______________, the following is the

parties’ Joint Pretrial Statement. 

A. COUNSEL FOR THE PARTIES. Include mailing address, office phone

and fax numbers.

B. STATEMENT OF JURISDICTION. Cite the facts and the statute(s)

which give this Court jurisdiction.

C. PARTIES REMAINING IN ACTION. List the parties named in the operative

complaint who have not been dismissed from the action. If any of the remaining parties

have not been served, list those parties separately.

D. CLAIMS/CAUSES OF ACTIONS REMAINING IN ACTION. List by name

and count number (if any) the claims or causes of action in the operative complaint that

have not been previously dismissed.

E. NATURE OF ACTION. Provide a concise statement of the type of case, the

cause of action, and the relief sought.

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F. CONTENTIONS OF THE PARTIES. With respect to each count 

of the complaint, counterclaim or cross-claim, and to any defense or rebuttal of a

presumption where the burden of proof has shifted, the party having the burden of proof

shall list the elements or standards that must be proved in order for the party to prevail on

that claim or defense. Brief citation to relevant legal authority is required. Statements

made shall not be in form of a question but should be a concise narrative statement of each

party’s contention as to each uncontested and contested issue.

G. STIPULATIONS AND UNCONTESTED MATERIAL FACTS.

H. CONTESTED ISSUES OF MATERIAL FACT. Each issue of fact must

be stated separately and in specific terms, as must the parties’ contentions as

to each issue.

I. CONTESTED ISSUES OF LAW. Each issue of law must be stated

separately and in specific terms, as must the parties’ contentions as to each

issue.

J. WITNESSES. List all potential witnesses by name and address, identifying

each as either plaintiff’s or defendant’s, and indicating (1) whether the

witness is a fact or expert witness, (2) whether the witness will be called at

trial, may be called at trial, or is unlikely to be called at trial, and (3) if

outside the Court’s subpoena power, whether the witness has been contacted

to determine if the witness will voluntarily agree to testify. A brief statement

as to the anticipated testimony of each witness must be included.

K. LIST OF EXHIBITS. Potential exhibits shall be numbered and listed by

each party, with a description of each containing sufficient information to

identify the exhibit, and indicating as to each exhibit whether the parties have

or will agree to its admission or whether an objection is anticipated. The

party opposing the admission of any exhibit shall specify the objection and

briefly explain the basis for the objection. Those portions of depositions that

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will be read at trial must be listed by page and line number, and objections

thereto must be specified.

L. LIST OF PENDING MOTIONS. Identify by name and date of filing.

M. PROBABLE LENGTH OF TRIAL AND WHETHER A JURY TRIAL

OR BENCH TRIAL. The reason for any dispute as to whether a jury trial

was timely requested must be specified. 

APPROVED AS TO FORM AND CONTENT:

_______________________________ 

Attorney for Plaintiff(s) Date

_______________________________ 

Attorney for Defendant(s) Date

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