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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Cheryl Lucille Gaffner,

Plaintiff, 

vs.

Stratton Restoration LLC.

Defendants 

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No. CV 15-02166-PHX-JAT

STANDARD CIVIL TRACK INITIAL

ORDER

Pursuant to the mandate of the Differentiated Case Management system set forth in

Rule 16.2 of the Rules of Practice of the United States District Court for the District of

Arizona [hereinafter the “Local Rules”], this action, commenced on October 28, 2015, is

designated a STANDARD TRACK case. Accordingly,

IT IS ORDERED, if not already accomplished prior to the date of this Order, that

Plaintiff(s) shall effect service of the Complaint and Summons upon all Defendants no later

than 120 days after the filing of the Complaint. This shall serve as notice to the Plaintiff

under Rule 4(m) of the Federal Rules of Civil Procedure that the Court shall dismiss this

action without further notice to the Plaintiff with respect to any Defendant named in the

Complaint that is not served in accordance with Rule 4 of the Federal Rules of Civil

Procedure within that 120-day period.

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IT IS FURTHER ORDERED that, once service is accomplished upon the

Defendant(s) in accordance with Rule 4, counsel for the Plaintiff(s) (or pro se Plaintiff) shall

notify the Court in writing when the parties are prepared for a Preliminary Pretrial

Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure. The

Court expects notification as soon as possible and practicable. 

IT IS FURTHER ORDERED that, upon receipt of notice that the parties are

prepared for a Rule 16 Preliminary Pretrial Conference, the Court will issue a separate Order

which sets the time and date for the Preliminary Pretrial Conference. Because this Court

requires a filing that is broader and more detailed than that proposed in a “Form 35 Report

of Parties’ Planning Meeting,” the Order setting the Rule 16 Preliminary Pretrial Conference

will also instruct the parties regarding the specific contents the Court expects in their

Proposed Case Management Plan.

IT IS FURTHER ORDERED that full compliance with Rule 26(f) is expected prior

to the date of the Rule 16 Pretrial Conference. 

IT IS FURTHER ORDERED that to satisfy the requirements of Federal Rule of

Civil Procedure 26(a) the parties shall file with the Clerk of the Court a Notice of Initial

Disclosure; copies of the actual disclosures shall therefore not be filed.

IT IS FURTHER ORDERED that full compliance with Federal Rule of Civil

Procedure 7.1 (filing of a Corporate Disclosure Statement) is required by plaintiff(s) and

defendant(s), if applicable. A Corporate Disclosure Statement form is available under

Operations and Filings, Forms on the district court website at www.azd.uscourts.gov.

IT IS FURTHER ORDERED that, absent Court approval, no party may seek

discovery from any source before the parties have met and conferred as required by Rule

26(f). Fed. R. Civ. P. 26(d).

THE PARTIES ARE CAUTIONED that it is the practice of this Court to not

extend the Dispositive Motion Deadline beyond the two-year anniversary of the case

being filed in or removed to Federal Court, nor to allow the Discovery Cut-Off to

extend beyond 30 days before the Dispositive Motion Deadline. Accordingly, delays in

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effectuating service of process, delays in seeking a Rule 16 Scheduling Conference, the filing

of or pendency of motions, settlement discussions or mediation, etc., will not be considered

as justification to exceed the above-referenced two-year deadline. (Because of these

deadlines, the parties may jointly request this Court hold a Rule 16 Scheduling Conference

while a motion to dismiss is pending.) Furthermore, it is the practice of this Court to wait

until the Final Pretrial Conference to set the trial date. For this reason the Court will set

deadlines at the Rule 16 Scheduling Conference for filing motions to amend the pleadings.

The parties are admonished that "there is no trial date set" will not be an excuse for late

motions to amend the pleadings, failing to complete discovery, or other requests for

extensions of deadlines.

THE PARTIES ARE FURTHER CAUTIONED that, pursuant to Local Rule of

Civil Procedure 7.2(i), their failure to serve and file the required responsive memorandum

to a motion “may be deemed a consent to the . . . granting of the motion and the Court

may dispose of the motion summarily.”

IT IS FURTHER ORDERED that Plaintiff shall serve Defendant(s) with a copy of

this Order. 

DATED this 28th day of October, 2015.

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