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85 - Case Management Order

85 - Case Management Order

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Published by Ripoff Report
Pleadings filed in malicious prosecution action against attorney Lisa Borodkin.
Pleadings filed in malicious prosecution action against attorney Lisa Borodkin.

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Published by: Ripoff Report on Mar 18, 2013
Copyright:Attribution Non-commercial


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12345678910111213141516171819202122232425262728IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONAXcentric Ventures LLC, an Arizonalimited liability company,Plaintiff,vs.Lisa Jean Borodkin; Daniel Blackert;Asia Economic Institute LLC; RaymondMobrez; Iliana Llaneras; Does 1-10,inclusive,Defendants.))))))))))))))No. CV-11-1426-PHX-GMS
Pursuant to the Joint Case Management Report,
1.Deadline for Initial Disclosures. Initial disclosures required by Federal Ruleof Civil Procedure 26(a), if not already exchanged, shall be exchanged no later than
June 1,2012
 The parties shall file with the Clerk a Notice of Initial Disclosure, rather than copiesof the actual disclosures.2.Deadline for Joining Parties, Amending Pleadings, and Filing SupplementalPleadings. The deadline for joining parties, amending pleadings, and filing supplementalpleadings is
60 days
from the date of this Order.3.Discovery Limitations. Depositions in this case shall be limited to seven hourseach as provided in Rule 30(d)(2) of the Federal Rules of Civil Procedure. Each side maypropound up to 40 interrogatories, including subparts, 40 requests for production of 
Case 2:11-cv-01426-GMS Document 85 Filed 05/23/12 Page 1 of 5
12345678910111213141516171819202122232425262728- 2 -documents, including subparts, and 40 requests for admissions, including subparts. Thelimitations set forth in this paragraph may be increased by mutual agreement of the parties,but such an increase will not result in an extension of the discovery deadlines set forth below.4.Deadline for Completion of Fact Discovery. The deadline for completing factdiscovery shall be
December 14, 2012
. To ensure compliance with this deadline, thefollowing rules shall apply:a.Depositions: All depositions shall be scheduled to commence at least
five working days
prior to the discovery deadline. A deposition commenced five days priorto the deadline may continue up until the deadline, as necessary.b.Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least
45 days
before the discoverydeadline.c.Notwithstanding Local Rule of Civil Procedure 7.3(c), the parties maymutually agree, without Court approval, to extend the time provided for discovery responsesin Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-uponextensions, however, shall not alter or extend the discovery deadlines set forth in this Order.5.Deadlines for Disclosure of Experts and Completion of Expert Discovery.a.The party with the burden of proof shall provide full and completeexpert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of CivilProcedure no later than
September 14, 2012
.b.Rebuttal expert disclosures, if any, shall be made no later than
October5, 2012
. Rebuttal experts shall be limited to responding to opinions stated by initial experts.c.Expert depositions shall be completed no later than
October 26, 2012
.As with fact witness depositions, expert depositions shall be scheduled to commence at leastfive working days before the deadline.e.Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who have not been specially employed to provideexpert testimony in this case, but who will provide testimony under Federal Rules of 
Case 2:11-cv-01426-GMS Document 85 Filed 05/23/12 Page 2 of 5
The prohibition on “written discovery motions” includes any written materials deliveredor faxed to the Court, including hand-delivered “correspondence” with attachments.- 3 -Evidence 702, 703, or 705. A Rule 26(a)(2)(B) report is required for any opinion of suchwitnesses that was not developed in the course of their treatment or other factual involvementin this case.f.As stated in the Advisory Committee Notes to Rule 26 (1993Amendments), expert reports disclosed under Rule 26(a)(2)(B) must set forth “the testimonythe witness is expected to present during direct examination, together with the reasonstherefore.” Full and complete disclosures of such testimony are required on the dates setforth above; absent truly extraordinary circumstances, parties will not be permitted tosupplement their expert reports after these dates.6.Discovery Disputes or Motions for Sanctions.a.The parties shall not file written discovery motions or motions forsanctions without leave of Court.
If a discovery dispute arises between the parties, theparties promptly shall contact the Court to request a telephone conference concerning thedispute. The Court will seek to resolve the dispute during the telephone conference, and mayenter appropriate orders on the basis of the telephone conference. The Court may orderwritten briefing if it does not resolve the dispute during the telephone conference. If a partywishes to seek to compel compliance with a subpoena issued to a third-party, it shall directlyfollow the procedures set forth in Federal Rule of Civil Procedure 45.b.Parties shall not contact the Court concerning a discovery dispute ormotion for sanctions without first seeking to resolve the matter through personal consultationand sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing orderedby the Court shall also comply with Local Rule of Civil Procedure 7.2(j).c.Absent extraordinary circumstances, the Court will not entertain factdiscovery disputes after the deadline for completion of fact discovery, and will not entertainexpert discovery disputes after the deadline for completion of expert discovery.
Case 2:11-cv-01426-GMS Document 85 Filed 05/23/12 Page 3 of 5

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