1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA
10 Justin Stein, et al., No. CV-20-00102-TUC-JCH
11 Plaintiffs, CASE MANAGEMENT ORDER
12 v.
13 Alyssa Depke, et al.,
14 Defendants. 15 The Court enters the following Case Management Order1 to govern the litigation in 16 this case: 17 1. Deadline for Initial Disclosures. The parties exchanged their Mandatory Initial 18 Discovery Responses, pursuant to Fed.R.Civ.P. 26(a)(1) and General Order 17-08 19 on January 12, 2022. 20 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental 21 Pleadings. The deadline for joining parties, amending pleadings, and filing 22 supplemental pleadings is 60 days from the date of this Order. 23 24 25 1 Pursuant to Fed. R. Civ. P. 16., the Court ordered the parties to file a joint case 26 management report (“joint report”) and set a telephonic hearing. (Doc. 42.) Parties filed their joint report on February 21, 2022. (Doc. 46.) Following the telephonic hearing on 27 February 28, 2022, plaintiff’s counsel contacted chambers and indicated that several dates contained in the joint report were incorrect. The parties emailed chambers the corrected 28 proposed pretrial schedule and those corrected dates are adopted and incorporated into this order. 1 3. Discovery Limitations. Depositions shall be limited to seven hours each as provided 2 in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound 3 up to 25 interrogatories, including subparts, 25 requests for production of 4 documents, including subparts, and 25 requests for admissions, including subparts. 5 4. Fact Discovery. The deadline for completing fact discovery, including discovery by 6 subpoena, shall be October 3, 2022. To ensure compliance with this deadline, the 7 following rules shall apply: 8 a. Depositions: All depositions shall be scheduled to commence at least five 9 working days prior to the discovery deadline. A deposition commenced five 10 days prior to the deadline may continue up until the deadline, as necessary. 11 b. Written Discovery: All interrogatories, requests for production of 12 documents, and requests for admissions shall be served at least 45 days 13 before the discovery deadline. 14 c. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the 15 Federal Rules of Civil Procedure. Such agreed-upon extensions, however, 16 shall not alter or extend the discovery deadlines set forth in this Order. 17 d. Special Provisions Regarding Rule 34 Responses: Objections to Rule 34 18 document production requests shall be stated with specificity; general or 19 boilerplate objections are not permitted. Document production in response to 20 a Rule 34 request must be completed no later than the time specified in the 21 request or another reasonable time specified in the response. An objection to 22 a Rule 34 request must state whether any responsive material shave been 23 withheld on the basis of that objection. 24 5. Expert Disclosures and Discovery. 25 a. Plaintiff(s) shall provide full and complete expert disclosures as required by 26 Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than 27 August 15, 2022. 28 1 b. Defendant(s) shall provide full and complete expert disclosures as required 2 by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than 3 September 23, 2022. 4 c. Rebuttal expert disclosures, if any, shall be made no later than October 28, 5 2022. Rebuttal experts shall be limited to responding to opinions stated by 6 initial experts. 7 d. Expert depositions shall be completed no later than November 15, 2022. As 8 with fact witness depositions, expert depositions shall be scheduled to 9 commence at least five working days before the deadline. 10 e. Disclosures under Rule 26(a)(2)(A) must include the identities of treating 11 physicians and other witnesses who will provide testimony under Federal 12 Rules of Evidence 702, 703, or 705, but who are not required to provide 13 expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are 14 required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will 15 testify but must also provide a summary of the facts and opinions to which 16 the expert will testify. The summary, although clearly not as detailed as a 17 Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice 18 of what the expert will say at trial.2 19 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), 20 expert reports under Rule 26(a)(2)(B) must set forth “the testimony the 21 witness is expected to present during direct examination, together with the 22 reasons therefor.” Full and complete disclosures of such testimony are 23 required on the dates set forth above; absent extraordinary circumstances, 24 parties will not be permitted to supplement expert reports after these dates. 25
26 2 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written 27 report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 28 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. 1 The Court notes, however, that it usually permits parties to present opinions 2 of their experts that were elicited by opposing counsel during depositions of 3 the experts. Counsel should depose experts with this fact in mind. 4 g. Each side shall be limited to one retained or specifically employed expert 5 witness per issue. 6 6. Discovery Disputes. 7 a. The parties shall not file written discovery motions without leave of Court. 8 If a discovery dispute arises, the parties promptly shall contact the Court to 9 request a telephone conference concerning the dispute. The Court will seek 10 to resolve the dispute during the telephone conference and may enter 11 appropriate orders on the basis of the telephone conference. The Court may 12 order written briefing if it does not resolve the dispute during the telephone 13 conference.3 14 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere 15 effort as required by Local Rules of Civil Procedure 7.2(j). Any briefing 16 ordered by the Court shall also comply with Local Rule of Civil Procedure 17 7.2(j). 18 c. Absent extraordinary circumstances, the Court will not entertain fact 19 discovery disputes after the deadline for completion of fact discovery and 20 will not entertain expert discovery disputes after the deadline for completion 21 of expert discovery. 22 7. Dispositive Motions. 23 a. Dispositive motions shall be filed no later than December 17, 2022. Such 24 motions must comply in all respects with the Federal Rules of Civil 25 Procedure and the Local Rules. 26 27
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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA
10 Justin Stein, et al., No. CV-20-00102-TUC-JCH
11 Plaintiffs, CASE MANAGEMENT ORDER
12 v.
13 Alyssa Depke, et al.,
14 Defendants. 15 The Court enters the following Case Management Order1 to govern the litigation in 16 this case: 17 1. Deadline for Initial Disclosures. The parties exchanged their Mandatory Initial 18 Discovery Responses, pursuant to Fed.R.Civ.P. 26(a)(1) and General Order 17-08 19 on January 12, 2022. 20 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental 21 Pleadings. The deadline for joining parties, amending pleadings, and filing 22 supplemental pleadings is 60 days from the date of this Order. 23 24 25 1 Pursuant to Fed. R. Civ. P. 16., the Court ordered the parties to file a joint case 26 management report (“joint report”) and set a telephonic hearing. (Doc. 42.) Parties filed their joint report on February 21, 2022. (Doc. 46.) Following the telephonic hearing on 27 February 28, 2022, plaintiff’s counsel contacted chambers and indicated that several dates contained in the joint report were incorrect. The parties emailed chambers the corrected 28 proposed pretrial schedule and those corrected dates are adopted and incorporated into this order. 1 3. Discovery Limitations. Depositions shall be limited to seven hours each as provided 2 in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Each side may propound 3 up to 25 interrogatories, including subparts, 25 requests for production of 4 documents, including subparts, and 25 requests for admissions, including subparts. 5 4. Fact Discovery. The deadline for completing fact discovery, including discovery by 6 subpoena, shall be October 3, 2022. To ensure compliance with this deadline, the 7 following rules shall apply: 8 a. Depositions: All depositions shall be scheduled to commence at least five 9 working days prior to the discovery deadline. A deposition commenced five 10 days prior to the deadline may continue up until the deadline, as necessary. 11 b. Written Discovery: All interrogatories, requests for production of 12 documents, and requests for admissions shall be served at least 45 days 13 before the discovery deadline. 14 c. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the 15 Federal Rules of Civil Procedure. Such agreed-upon extensions, however, 16 shall not alter or extend the discovery deadlines set forth in this Order. 17 d. Special Provisions Regarding Rule 34 Responses: Objections to Rule 34 18 document production requests shall be stated with specificity; general or 19 boilerplate objections are not permitted. Document production in response to 20 a Rule 34 request must be completed no later than the time specified in the 21 request or another reasonable time specified in the response. An objection to 22 a Rule 34 request must state whether any responsive material shave been 23 withheld on the basis of that objection. 24 5. Expert Disclosures and Discovery. 25 a. Plaintiff(s) shall provide full and complete expert disclosures as required by 26 Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than 27 August 15, 2022. 28 1 b. Defendant(s) shall provide full and complete expert disclosures as required 2 by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than 3 September 23, 2022. 4 c. Rebuttal expert disclosures, if any, shall be made no later than October 28, 5 2022. Rebuttal experts shall be limited to responding to opinions stated by 6 initial experts. 7 d. Expert depositions shall be completed no later than November 15, 2022. As 8 with fact witness depositions, expert depositions shall be scheduled to 9 commence at least five working days before the deadline. 10 e. Disclosures under Rule 26(a)(2)(A) must include the identities of treating 11 physicians and other witnesses who will provide testimony under Federal 12 Rules of Evidence 702, 703, or 705, but who are not required to provide 13 expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are 14 required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will 15 testify but must also provide a summary of the facts and opinions to which 16 the expert will testify. The summary, although clearly not as detailed as a 17 Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice 18 of what the expert will say at trial.2 19 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), 20 expert reports under Rule 26(a)(2)(B) must set forth “the testimony the 21 witness is expected to present during direct examination, together with the 22 reasons therefor.” Full and complete disclosures of such testimony are 23 required on the dates set forth above; absent extraordinary circumstances, 24 parties will not be permitted to supplement expert reports after these dates. 25
26 2 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written 27 report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 28 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures will suffice. 1 The Court notes, however, that it usually permits parties to present opinions 2 of their experts that were elicited by opposing counsel during depositions of 3 the experts. Counsel should depose experts with this fact in mind. 4 g. Each side shall be limited to one retained or specifically employed expert 5 witness per issue. 6 6. Discovery Disputes. 7 a. The parties shall not file written discovery motions without leave of Court. 8 If a discovery dispute arises, the parties promptly shall contact the Court to 9 request a telephone conference concerning the dispute. The Court will seek 10 to resolve the dispute during the telephone conference and may enter 11 appropriate orders on the basis of the telephone conference. The Court may 12 order written briefing if it does not resolve the dispute during the telephone 13 conference.3 14 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere 15 effort as required by Local Rules of Civil Procedure 7.2(j). Any briefing 16 ordered by the Court shall also comply with Local Rule of Civil Procedure 17 7.2(j). 18 c. Absent extraordinary circumstances, the Court will not entertain fact 19 discovery disputes after the deadline for completion of fact discovery and 20 will not entertain expert discovery disputes after the deadline for completion 21 of expert discovery. 22 7. Dispositive Motions. 23 a. Dispositive motions shall be filed no later than December 17, 2022. Such 24 motions must comply in all respects with the Federal Rules of Civil 25 Procedure and the Local Rules. 26 27
28 3 The prohibition on “written discovery motions” includes any written materials delivered, emailed or faxed to the Court, including hand-delivered correspondence with attachments. 1 b. No party shall file more than one motion for summary judgment under Rule 2 56 of the Federal Rules of Civil Procedure unless permission is first obtained, 3 by joint telephone call, from the Court. 4 c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not 5 exceed ten pages in length, exclusive of exhibits. 6 d. The parties shall not notice oral argument on any motion. Instead, a party 7 desiring oral argument shall place the words “Oral Argument Requested” 8 immediately below the title of the motion pursuant to Local Rule of Civil 9 Procedure 7.2(f). The Court will issue an order scheduling oral argument as 10 it deems appropriate. 11 8. Good Faith Settlement Talks. All parties and their counsel shall meet in person and 12 engage in good faith settlement talks no later than April 22, 2022. Upon completion 13 of such settlement talks, and in no event later than five working days after the 14 deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report 15 shall inform the Court that good faith settlement talks have been held and shall 16 report on the outcome of such talks. The parties shall indicate whether assistance 17 from the Court is needed in seeking settlement of the case. The parties shall 18 promptly notify the Court at any time when settlement is reached during the course 19 of this litigation. 20 9. The Deadlines are Real. The parties are advised that the Court intends to enforce the 21 deadlines set forth in this Order and should plan their litigation activities 22 accordingly. The parties are specifically informed that the Court will not, absent 23 truly unusual circumstances, extend the schedule in this case to accommodate 24 settlement talks. 25 10. Briefing Requirements. 26 a. All memoranda filed with the Court shall comply with Local Rule of Civil 27 Procedure 7.1(b) requiring 13-point font in text and footnotes. 28 1 b. Citations in support of any assertion in the text shall be included in the text, 2 not in footnotes. ITISSO ORDERED. 4 Dated this 2nd day of March, 2022. 5 6 7 WS Lh 8 onorable John C. Hinderaker □□
9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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