Opinion
No. CV 03-1990 PHX PGR.
November 22, 2005
ORDER
IT IS HEREBY ORDERED that the jury trial in this matter shall commence on Monday, March 20, 2006, at 9:00 a.m. in the United States District Court, Courtroom 601, 401 W. Washington Street, Phoenix, Arizona. The maximum length of the trial shall be nine (9) days.
IT IS FURTHER ORDERED that each party shall file a trial brief no later than Monday, March 6, 2006. 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.
IT IS FURTHER ORDERED that the parties shall file their proposed voir dire questions and proposed jury instructions, together with proposed forms of verdict for each count of the complaint, including special interrogatories, if applicable, no later than Monday, March 6, 2006. Proposed jury instructions shall be filed in compliance with LRCiv 51.1, AS MODIFIED BY THE ATTACHED EXHIBIT SETTING FORTH THE COURT'S ADDITIONAL INSTRUCTIONS FOR SUBMITTING JURY INSTRUCTIONS.
The parties are advised that they will receive a packet with instructions on the marking and submission of trial exhibits from the Court's courtroom deputy, Kerry Reynolds, (602) 322-7243 approximately two weeks before trial.
Counsel are advised that the instructions for submitting jury instructions must be followed.
IT IS FURTHER ORDERED that the parties are to confer regarding their respective list of exhibits in order to anticipate and narrow possible objections at trial. The parties are to file an Amended Joint Pretrial Statement specifically addressing Sections J (Witnesses) and K (List of Exhibits) on or before Friday, December 30, 2005.
IT IS FURTHER ORDERED that a final Pretrial Conference has been set for Monday, March 13, 2006, at 3:00 p.m.
REQUIREMENTS FOR SUBMITTING CIVIL JURY INSTRUCTIONS IN JUDGE ROSENBLATT'S COURT:
Counsel to use only 2001 Ninth Circuit Model Civil Jury Instructions, together with any amendments thereto.
Counsel are warned that improper submission of jury instructions will result in the striking of same. INSTRUCTIONS FOR E-FILING JURY INSTRUCTIONS WITH THE CLERK OF THE COURT:
Counsel to e-file the following:
• Jury Instructions with no modifications: If a Ninth Circuit model instruction has no modifications, list only that instruction number and instruction title.
• Requested/Modified Jury Instructions : If a Ninth Circuit model instruction has a blank, that information must be filled out, in bold, by Counsel, unless it is information that cannot be filled out until the Judge and Counsel go over jury instructions at close of trial. — In any event, that modified instruction must now be part of Counsel's requested instructions and must be numbered as such. *
• — If a Ninth Circuit model instruction has been modified,* counsel must type such modification in bold, such that the Court can easily determine which portion of the instruction is the standard, and which portion has been modified.
• — If a Ninth Circuit model instruction has been modified,* counsel must submit each modified instruction on its own page.
* Any model instruction which has been modified will be considered a "requested instruction" and must be numbered in a consecutive pattern. INSTRUCTIONS FOR E-MAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX:
Counsel shall e-mail (the subject line of the e-mail shall contained the case number and case name) directly to the Chambers e-mailbox (Rosenblatt_Chambers@azd.uscourts.gov) a " CLEAN COPY" of all modified/requested jury instructions, NO LATER THAN THE DATE INDICATED IN THE TRIAL ORDER, in accordance with the following instructions:
Clean Copy of Modified/Requested Jury Instructions:
• The CLEAN COPY shall be:
• In WordPerfect versions 7 or 9, Windows 98, or 2000, or WordPerfect compatible format. No .pdf documents will be accepted;
• In COURIER 12pt. font;
• In NON-CAPITALIZED, DOUBLE SPACED TEXT, with FIVE-SPACE TAB INDENTATION; and
• Only ONE instruction per page.
• The CLEAN COPY shall not have any bolding, titles, cites, instruction numbers, pagination, letterhead markings, or similar notations signaling which party submitted them.
Revised Arizona Jury Instructions (RAJI) :
IF COUNSEL ARE REQUESTING RAJI, COUNSEL MUST E-FILE TO THE CLERK OF COURT THE FOLLOWING:
• EACH AND EVERY requested RAJI instruction, including its title, its number, and its text.
Counsel must also e-file to the Chambers e-mailbox a clean copy of each and every complete RAJI instruction in accordance with the above instructions under the section: "INSTRUCTIONS FOR E-MAILING JURY INSTRUCTIONS DIRECTLY TO CHAMBERS E-MAILBOX."
ANY QUESTIONS, PLEASE CALL JUDGE ROSENBLATT'S CHAMBERS 6-02-322-7510