Cox v. Reliance Standard Life Insurance Company

Filing 50

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 4/15/2014. Consent/Decline Deadline 4/25/2014. Administrative Record Deadlines: Filing by 4/22/2014; Objections/Motions to Supplement by 4/22/2014. Discovery Cut-Off 8/1/2014. N on-Dispositive Motion Deadlines: Filed by 8/1/2014; Hearing by 8/29/2014. Briefing Deadlines: Opening Briefs filed by 9/18/2014; Oppositions due by 10/9/2014; Replies due by 10/16/2014. Hearing set for 12/15/2014 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Mediation Deadline 8/22/2014. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NICOLE COX, et al., 11 Plaintiffs, 12 13 14 v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendant. 15 ) ) ) ) ) ) ) ) ) ) 1:13-CV-00104- AWI- JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Administrative Record Deadlines: Filing: 4/22/2014 Objections/motions to supplement: 4/22/2014 Discovery Cut-Off: 8/1/2014 16 Non-Dispositive Motion Deadlines: Filing: 8/1/2014 Hearing: 8/29/2014 17 18 Briefing Deadlines: Opening briefs: 9/18/2014 Oppositions: 10/9/2014 Reply briefs: 10/16/2014 Hearing: 12/15/2014 at 1:30 p.m. 19 20 21 22 23 Mediation deadline: 8/22/2014 I. April 15, 2014. 24 25 Date of Scheduling Conference II. Appearances of Counsel 26 Scott Calvert appeared on behalf of Plaintiffs. 27 Dennis Rhodes appeared on behalf of Defendant. 28 /// 1 1 2 III. Information Concerning the Court’s Schedule Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division 3 of the Eastern District of California now has the heaviest District Court Judge caseload in the entire 4 nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely 5 manner, the parties are admonished that not all of the parties’ needs and expectations may be met as 6 expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may 7 find their case trailing with little notice before the trial begins. The law requires that the Court give any 8 criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial 9 even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these 10 circumstances will no longer be entertained, absent a specific and stated finding of good cause. All 11 parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding 12 will trail the completion of the criminal trial. 13 The parties are reminded of the availability of a United States Magistrate Judge to conduct all 14 proceedings in this action. A United States Magistrate Judge is available to conduct trials, including 15 entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73, 16 and Local Rule 305. The same jury pool is used by both United States Magistrate Judges and United 17 States District Court Judges. Any appeal from a judgment entered by a United States Magistrate Judge 18 is taken directly to the United States Court of Appeal for the Ninth Circuit. However, the parties are 19 hereby informed that no substantive rulings or decisions will be affected by whether a party chooses to 20 consent. 21 Finally, the Fresno Division of the Eastern District of California, whenever possible, is utilizing 22 United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant 23 to the Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance 24 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 25 District of California. 26 Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 27 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 28 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 2 1 whether they will consent to the jurisdiction of the Magistrate Judge. 2 IV. The parties agree no pleading amendments will occur. 3 4 V. on or before April 22, 2014. The parties are ordered to complete all discovery pertaining on or before August 1, 2014. 7 8 Discovery Plan and Cut-Off Date The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) 5 6 Pleading Amendment Deadline VI. Administrative record 9 Defendant SHALL file the administrative record no later than April 22, 2014. Due to the 10 voluminous nature of the record, Defendants need not provide a courtesy paper copy but SHALL 11 provide a searchable electronic copy to the chambers of Judge Ishii. Moreover, the parties SHALL file 12 excerpts of the record in connection with their motion/cross motion for summary judgment. Objections or a motion to supplement the record SHALL be filed no later than May 20, 2014, 13 14 and heard no later than June 17, 2014. 15 No objections or motion to supplement shall be filed without the prior approval of the assigned 16 Magistrate Judge. Plaintiff SHALL confer with the opposing party in a good faith effort to resolve the 17 issues in dispute. If that good faith effort is unsuccessful, Plaintiff promptly SHALL seek a telephonic 18 hearing with all involved parties and the Magistrate Judge. It is the obligation of Plaintiff to arrange 19 and originate the conference call to the Court. To schedule this telephonic hearing, the parties are 20 ordered to contact Courtroom Deputy Clerk, Susan Hall at (661) 326-6620 or via email at 21 SHall@caed.uscourts.gov. 22 VII. 23 Briefing Schedule Prior to filing the cross motions for summary judgment the parties are ORDERED to meet, in 24 person or by telephone, and confer to discuss the issues to be raised in the motion at least 21 days 25 prior to the filing of the motion. The purpose of the meeting shall be to: 1) determine whether the 26 respondent agrees that the motion has merit in whole or in part; 2) discuss whether issues can be 27 resolved without the necessity of briefing; 3) narrow the issues for review by the court; 4) explore the 28 possibility of settlement before the parties incur the expense of briefing a summary judgment motion; 3 1 5) to arrive at a joint statement of undisputed facts. In addition to the requirements of Local Rule 260, the parties SHALL file a joint statement of 2 3 undisputed facts and each party SHALL file excerpts of the record which are cited in each party’s 4 briefs. The parties are strongly urged to file a joint excerpt. In the notice of motion, the moving parties SHALL certify that they have met and conferred as 5 6 ordered above, or set forth a statement of good cause for the failure to meet and confer. The parties opening briefs on the cross motions for summary judgment SHALL be filed no later 7 8 than September 19, 2014, and oppositions to the motion SHALL be filed no later than October 9, 9 2014. Any briefs in reply SHALL be filed no later than October 16, 2014. The hearing on the cross 10 motions is SET for December 15, 2014 at 1:30 p.m. in Courtroom 2 before the Honorable Anthony 11 Ishii, United States District Court Judge.1 12 VIII. Mediation The parties do not seek a settlement conference at this time, and intend to pursue private 13 14 mediation which SHALL be completed no later than August 22, 2014. 15 IX. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 16 17 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 18 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 19 handle its increasing case load, and sanctions will be imposed for failure to follow the Rules as 20 provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern 21 District of California. 22 X. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 23 24 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 25 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 26 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 27 28 1 Because the parties believe the matter will resolve on dispositive motion, the Court does not set a pretrial conference or trial date. 4 1 2 subsequent status conference. The dates set in this Order are considered to be firm and will not be modified absent a 3 showing of good cause even if the request to modify is made by stipulation. Stipulations 4 extending the deadlines contained herein will not be considered unless they are accompanied by 5 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 6 for granting the relief requested. 7 Failure to comply with this order may result in the imposition of sanctions. 8 9 10 11 IT IS SO ORDERED. Dated: April 15, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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