Reid v. Centurion

• Court: District Court, D. Arizona
• Decided: February 21, 2024
• Docket: 2:20-cv-01893
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Shawn Franklin Reid, No. CV-20-01893-PHX-JAT

10 Plaintiff, ORDER

11 v.

12 Karen Barcklay, Carrie Smalley, Corizon LLC, Elijah Jordan, and Clarisse Ngueha- 13 Nana,

14 Defendants.

15 The Court has reviewed the parties’ Proposed Final Pretrial Order (“PFPTO”), (Doc. 16 153-1), and has identified the following deficiencies: 17 1. Plaintiff has failed to list any of his contentions in the “Contested Issues of Fact 18 and Law” section of the PFPTO. (Doc. 153-1 at 8–9). Plaintiff should note that 19 the final pretrial order supersedes the complaint and answer. See e.g. Duhn Oil 20 Tool, Inc. v. Cooper Cameron Corp., 818 F. Supp. 2d 1193, 1207 (E.D. Cal. 21 2011), on reconsideration in part, No. 05-CV-1411-MLH (GSA), 2012 WL 22 13040409 (E.D. Cal. May 7, 2012) (“A final pretrial order supersedes all prior 23 pleadings and controls the subsequent course and scope of the action. E.g., 24 Rockwell Int'l Corp. v. United States, 549 U.S. 457, 475 (2007) (quoting Fed. 25 Rule Civ. Proc. 16(e)). Claims, issues, defenses, or theories of damages not 26 included in the pretrial order are waived even if they appeared in the complaint, 27 and conversely, the inclusion of a claim in the pretrial order is deemed to amend 28 any previous pleadings which did not include that claim. Id. (citation omitted).”) 1 2. Plaintiff has also not identified in the “List of Witnesses” section which 2 witnesses who “may be called at trial” or are “unlikely to be called at trial” as 3 required by the Court’s Order Setting Final Pretrial Conference and Trial. (Doc. 4 148 at 16-17). 5 The parties will submit a revised PFPTO curing the listed deficiencies within || fourteen (14) days of this Order. none, Plaintiff should add the headings, but state “none.” 7\| The parties should not submit a supplement to the existing PFPTO but must submit a new 8 || PFPTO entirely. Failure to comply with a court order may result in sanctions. See Fed. R. 9|| Civ. Proc. 41(b). 10 Based on the foregoing, 11 IT IS ORDERED the parties shall submit a new joint proposed final pretrial order || within fourteen (14) days of the date of this Order that cures the above-identified 13} deficiencies. 14 IT IS FURTHER ORDERED that the Clerk of the Court shall STRIKE the 15 || Proposed Final Pretrial Order and Attachment (Docs. 153, 153-1). 16 Dated this 21st day of February, 2024. 17 18 a 3 19 0 _ James A. Teil Org Senior United States District Judge 21 22 23 24 25 26 27 28

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