Bennett et al v. State Farm General Insurance Company

Filing 19

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 5/29/15: The status conference scheduled for hearing on June 8, 2015, is vacated. Discovery due by 4/20/2016. Dispositive Motions filed by 6/20/2016. Final Pretrial Conference set for 8/15/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 11/1/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Case Referred to VDRP. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HAROLD and DOROTHY BENNETT,

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1:14-cv-01377-GEB-JLT

Plaintiffs,

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No.

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

STATE FARM GENERAL INSURANCE
COMPANY,
Defendant*.

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The status (pretrial scheduling) conference scheduled

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for

hearing

on

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“Further

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indicates the following Order should issue.

Joint

June
Status

8,

2015,

is

Report”

vacated

filed

on

since

May

22,

the

parties’

2015

(“JSR”)

DISMISSAL OF DOE DEFENDANTS

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Since

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Plaintiffs

have

not

justified

Doe

defendants

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remaining in this action, Does 1-100 are dismissed. See Order

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Setting Status (Pretrial Scheduling) Conference filed September

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4, 2014, at 2 n.2 (indicating that if justification for “Doe”

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defendant

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dismissed).

allegations

not

provided

Doe

defendants

would

be

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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Plaintiffs state in the JSR:

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*

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The caption has been amended
Defendants portion of this Order.

according

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to

the

Dismissal

of

Doe

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The conservator of Plaintiff Harold
Bennett is his daughter, Dorothy Picking.
Dorothy Picking is represented by Larry R.
Cox of The Law Offices of Young Wooldridge,
LLP in Bakersfield, CA for purposes of the
conservatorship proceedings related to Harold
Bennett. Plaintiff’s attorneys have been in
steady contact with attorney Larry Cox
regarding the substitution. Ms. Picking has
agreed to be substituted as the real party in
interest in this action in her capacity as
conservator of Harold Bennett pursuant to
section 2463 of the California Probate Code.
Ms. Picking is represented by Craig A. Miller
and Patrick A. Calhoon at the Law Offices of
Craig A. Miller in her capacity as the
conservator of Harold Bennett in connection
with this action.

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Defendant State Farm does not oppose the
substitution of Dorothy Picking, conservator
of Harold Bennett, as the real party in
interest
in
this
action.
Accordingly,
Plaintiff will file a joint motion and
stipulation of the parties to substitute
Dorothy Picking as plaintiff in her capacity
as conservator of Harold Bennett. Plaintiff
is endeavoring to file this motion during the
week of May 25, 2015 to May 29, 2015.

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With respect to Plaintiff Dorothy Bennett,
Plaintiffs anticipate that Dorothy Picking
will continue the action as the successor in
interest to her mother pursuant to section
377.11 of the California Probate Code. This
can also be accomplished through a joint
motion
and
stipulation.
Plaintiff
is
endeavoring to file the necessary affidavit
and Joint Motion and Stipulation of the
parties with this Court during the week of
May 25, 2015 to May 29, 2015.

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(JSR 2:9-26, ECF No. 18.)
Therefore, Plaintiffs have until June 1, 2015, to file

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a

joint

motion

and

stipulation

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substitution of parties, after which time no further service,

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joinder of parties, or amendments to the pleadings is permitted,

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except with leave of Court for good cause shown.

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2

concerning

the

referenced

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ADDED PARTY’S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

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If Plaintiffs substitute a party pursuant to the leave

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given above, a copy of this Order shall be served on that party

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concurrently with the service of process.

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The newly added party has 30 days after said service

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within which to file a “Notice of Proposed Modification of Status

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Order.”

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filed within this thirty day period will not have to meet the

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good cause standard, no further amendments will be permitted,

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Although

a

newly-joined

party’s

proposed

modification

except with leave of Court for good cause shown.

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DISCOVERY

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All discovery shall be completed by April 20, 2016.

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“Completed” means all discovery shall be conducted so that any

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dispute

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appropriate orders, if necessary, and, where discovery has been

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ordered,

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prescribed “completion” date.

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relative

the

Each

to

order

discovery

has

party

been

shall

shall

have

complied

comply

with

been

with

on

resolved

or

Federal

before

Rule

of

by

the

Civil

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Procedure 26(a)(2)(B) and (C)’s initial expert witness disclosure

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requirements

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contradictory and/or rebuttal expert disclosure authorized under

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Rule 26(a)(2)(D)(ii) on or before January 13, 2016.

on

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or

before

December

16,

2015,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is June 20, 2016,

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commencing at 9:00 a.m. Any motion shall be briefed as prescribed

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in Local Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.
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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is scheduled to commence

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at 2:30 p.m., on August 15, 2016. The parties are cautioned that

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the lead attorney who WILL TRY THE CASE for each party shall

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attend the final pretrial conference. In addition, all persons

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representing themselves and appearing in propria persona must

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attend the pretrial conference.

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

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claim/defense is based. Furthermore, each party shall estimate

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the length of trial. The Court uses the parties’ joint pretrial

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statement to prepare its final pretrial order and could issue the

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final pretrial order without holding the scheduled final pretrial

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

to

The

be

joint

tried,

pretrial

and

the

statement

ultimate

shall

facts

address

on

which

the

each

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Final pretrial procedures are “critical for ‘promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.’” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494, 498 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16

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Advisory

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“Toward

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conferences to weed out unmeritorious claims and defenses before

Committee
that

end,

Note
Rule

(1983
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Amendment

directs

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to

courts

subdivision
to

use

(c)).

pretrial

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trial begins.” Smith v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir.

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1993). The parties are therefore provided notice that a claim or

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affirmative defense may be dismissed sua sponte if it is not

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shown to be triable in the joint final pretrial statement. Cf.

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Portland Retail Druggists Ass’n v. Kaiser Found. Health Plan, 662

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F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be

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provided

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sufficient

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proceed

notice
to

to

and

justify
trial);

an

opportunity

having

a

Portsmouth

claim

to
or

Square,

respond

with

affirmative
Inc.

v.

facts
defense

S’holders

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Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985) (stating “the

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district court has . . . authority to grant summary judgment sua

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sponte in the context of a final pretrial conference”).

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If feasible, at the time of filing the joint pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on November 1, 2016.

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VOLUNTARY DISPUTE RESOLUTION PROGRAM (“VDRP”)

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Since the parties state in the JSR that they “agree to

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participate in early neutral evaluation through VDRP[,]” this

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matter is referred to VDRP. (JSR 5:20-21.)

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IT IS SO ORDERED.
Dated:

May 29, 2015

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