Klepinger v. Life Insurance Company of North America et al

Filing 16

ORDER RE: Rule 16 Report due by 4/15/16 (see order for details). Signed by Judge James A Soto on 3/14/16.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Steven Klepinger,
Plaintiff,

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v.

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Life Insurance
America,

Company

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Defendant.
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of

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No. CV 15-276-TUC-JAS
ORDER

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This order requires the parties to file a Rule 16 joint report by 4/15/16.
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IT IS HEREBY ORDERED:
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The parties are directed to Rule 16 of the Federal Rules of Civil Procedure for the
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objectives of the joint report.
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The parties are directed to confer at least 7 days prior to the deadline for the joint
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report to discuss the following matters:
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A.

Any matters relating to jurisdiction, venue or joinder of additional parties;

B.

The nature and basis of their claims and defenses and the possibilities for a

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prompt settlement or resolution of the case;
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C.

The scope of discovery, and possible limitations thereof. The parties are

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expected to comply with Rule 26(f), FED.R.CIV.P., and seek to minimize the

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expense of discovery.

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In cases where dispositive motions will be filed, the parties should

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consider limiting discovery to the issue at hand until the Court has ruled on the

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motion;

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D.

A schedule of all pretrial proceedings, including a trial date, an estimate of the

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length of trial, and any suggestions for shortening trial. The parties shall also

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discuss any issues relating to disclosure or discovery of electronically stored

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information, including the form or forms in which it should be produced, and

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any issues relating to claims of privilege or work product. See

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FED.R.CIV.P. 16(b)(5) & (b)(6), 26(f)(3). At the joint request of the parties,

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the Court may include deadlines in the Scheduling Order pertaining to these

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issues.

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E.

Modification of pretrial procedures due to the simplicity or complexity of the

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case;
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F.

Prospects for settlement, including a request to have a settlement conference

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before a Magistrate Judge or United States District Court Judge, or
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participating in any other alternative dispute resolution forum;
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G.

Arrangements for Initial Disclosures in compliance with Rule 26(a)(1),

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FED.R.CIV.P. Unless otherwise stipulated or directed by the Court, Initial
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Disclosures shall be made at or within 14 days after the deadline for filing the
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joint report;
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H.

Possibility of consent to trial before a United States Magistrate Judge pursuant

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to 28 U.S.C. § 636(c), suitability for referral to any alternative dispute
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resolution mechanism, or reference to a Master;
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I.

Any other matters which the parties feel may help dispose of the matter in an

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efficient and economical manner.
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IT IS FURTHER ORDERED:

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J.

The joint report shall include individually numbered brief statements

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indicating:

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1.

legal basis of Plaintiffs’ claims and Defendants’ defenses;

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The nature of the case, setting forth in brief statements the factual and

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The factual and legal issues genuinely in dispute, and whether they can
be narrowed by stipulation or motion;

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3.

The jurisdictional basis of the case, citing specific statutes;

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4.

Parties, if any, which have not been served, as well as parties which

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have not filed an answer or other appearance. Unless the parties can

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otherwise show cause, an Order shall accompany the joint report

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dismissing any party which has not been served, or seeking default

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judgment on any non-appearing party;

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5.

The names of parties not subject to the Court's jurisdiction;

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6.

Whether there are further dispositive or partially dispositive issues to

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be decided by pretrial motions, and the legal issues of any pretrial

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motions contemplated;

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7.

Whether the case is suitable for reference to a Master, or whether the

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parties consent to trial before a United States Magistrate Judge pursuant

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to 28 U.S.C. § 636(c);

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8.

before other courts;

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The status of related cases pending before other judges of this Court or

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A statement of when Initial Disclosures were made or will be made, or

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any proposed changes in the requirements for Initial Disclosures set

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forth in Rule 26(a), FED.R.CIV.P.;

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10.

Rule 26(b)(2), FED.R.CIV.P.;

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Suggested changes, if any, in the limitations on discovery set forth in

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Proposed deadlines for:

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(a) completing discovery;

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(b) filing dispositive motions;

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(c) pretrial disclosure of witnesses and expert testimony pursuant to
Rule 26(a)(2) and (3), FED.R.CIV.P.; and

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(d) lodging a proposed joint pretrial order;

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Estimated date and length of trial;

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13.

Whether a jury trial has been requested;

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14.

The prospects for settlement, including any request to have a settlement

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conference before another Magistrate Judge or United States District

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Court Judge, or other request of the Court for assistance in settlement

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efforts;

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15.

Whether any unusual, difficult, or complex problems or issues exist

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which would require this case to be placed on the complex track for

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case management purposes pursuant to LRCiv 16.2; and

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Any other matters which the parties feel will aid the Court in expediting
the disposition of this matter efficiently.

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After receiving the joint report, the Court will enter a Scheduling Order, which shall

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control the course of this action, unless modified by subsequent Order. The parties are

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cautioned that the deadlines set in the Scheduling Order shall be enforced.

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The parties are jointly responsible for initiating the communication necessary to
prepare this joint report.
DATED this 14th day of March, 2016.

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