Hy Cite Corporation v. Badbusinessbureau.co, et al Doc.

54

1
2
3
4 IN THE UNITED STATES DISTRICT COURT
5 FOR THE DISTRICT OF ARIZONA
6
7 Hy Cite Corporation, a ) CIV 04-2856-PHX-EHC
Wisconsin corporation, )
8 ) O R D E R
Plaintiff, )
9 )
vs. )
10 )
Badbusinessbureau.com, LLC, )
11 Ed Magedson, and Xcentric )
Ventures, et al., )
12 )
Defendants. )
13 )
)
14 )
15
16 A scheduling conference is set for May 15, 2006 at 9:45 a.m.
17 Counsel are directed to Rule 16 of the Federal Rules of Civil
18 Procedure for the objectives of the conference. At least one of
19 the attorneys for each party attending the conference shall have
20 authority to enter into stipulations and make admissions regarding
21 all matters which may be discussed.
22 Parties are directed to meet at least 21 days before the
23 conference, in accordance with Rule 26(f), Federal Rules of Civil
24 Procedure, to discuss the following matters:
25 A. Any matters relating to jurisdiction or venue or the
26 joinder of additional parties;
27 B. The nature and bases of their claims and defenses and the
28 possibilities for a prompt settlement or resolution of the case;

Case 2:04-cv-02856-EHC Document 54 Filed 04/06/2006 Page 1 of 4

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 1 C. A schedule of all pre-trial proceedings;
2 D. Modification of pre-trial procedures due to the
3 simplicity or complexity of the case;
4 E. Arrangements for Initial Disclosures in compliance with
5 Rule 26(a)(1), Federal Rules of Civil Procedure. Unless otherwise
6 stipulated or directed by the Court, Initial Disclosures shall be
7 made at or within 10 days after the meeting of the parties; and
8 F. Any other matters which counsel may believe will help
9 dispose of the matter in an efficient manner.
10 G. At this meeting Parties shall develop a Proposed
11 Discovery Plan which shall include proposals concerning:
12 1. Suggested changes in the timing, form, or requirement
13 for disclosures under Rule 26(a), Federal Rules of Civil Procedure,
14 including a statement of when Initial Disclosures were made or will
15 be made;
16 2. The scope of discovery, when discovery should be
17 completed, and whether discovery should be conducted in phases or
18 should be limited to or focused upon particular issues. For
19 example, where dispositive motions will be filed (e.g., motions for
20 summary judgment or a defense relying on the statute of
21 limitations) counsel should consider limiting discovery to the
22 issue at hand until the court has ruled on the motion; and
23 Counsel are expected to comply with Rule 26, Federal Rules of
24 Civil Procedure, and to minimize the expense of discovery.
25 H. Counsel shall file with the Court, not less than ten days
26 before this scheduling conference, a joint report reflecting the
27 results of their meeting and outlining the discovery plan. The
28

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 1 report shall include individually numbered brief statements
2 indicating:
3 1. The nature of the case: the factual and legal basis
4 of Plaintiff(s) claims and Defendant(s) defenses.
5 2. The factual and legal issues genuinely in dispute
6 and whether they can be narrowed by stipulation or motions.
7 3. The jurisdictional basis of the case, citing
8 specific statutes.
9 4. The parties, if any, that have not been served.
10 5. The names of parties not subject to the Court's
11 jurisdiction.
12 6. Whether there are further dispositive or partially
13 dispositive issues to be decided by pre-trial motions.
14 7. Whether the case is suitable for reference to
15 arbitration, to a master, or to a United States Magistrate Judge
16 for trial.
17 8. The status of related cases pending before other
18 judges of this court or before other courts.
19 9. A statement of when Initial Disclosures were made or
20 will be made, or any proposed changes in the requirements for
21 Initial Disclosures set forth in Rule 26(a), Federal Rules of Civil
22 Procedure.
23 10. Proposed deadlines for:
24 (a) discovery;
25 (b) filing dispositive motions;
26 (c) disclosure of expert testimony under Rule
27 26(a)(2)(C), Federal Rules of Civil Procedure; and
28 (d) filing pre-trial statement.

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 1 11. Estimated length of trial.
2 12. Whether a jury trial has been requested.
3 13. The prospects for settlement. Does any party wish
4 to have a settlement conference with another District Judge or
5 Magistrate Judge? How can settlement efforts be assisted?
6 14. Any unusual, difficult, or complex problems
7 affecting the conduct of the case or which would require the case
8 to be placed on the complex track for case management purposes
9 pursuant to Local Rule 16.2.
10 15. Any other matters which counsel believe will aid the
11 Court in expediting the disposition of this matter efficiently.
12 After the conference the Court will enter an Order limiting
13 the time within which counsel may file pre-trial motions, complete
14 discovery, and file the proposed pre-trial order. The Court's
15 Order shall control the course of the action unless modified by
16 subsequent Order.
17 Out-of-state counsel may participate in the scheduling
18 conference by telephone by advance arrangement, contacting the
19 Court at (602) 322-7530.
20 DATED this 6th day of April 2006.
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25 cc: all counsel of record
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