Kern County Hospital Authority v. Cigna Healthcare of California, Inc.

Filing 18

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 6/23/2016. Consent/Decline Deadline 7/5/2016. Pleading Amendment Deadline 9/19/2016. Discovery Deadlines: Initial Disclosures 6/30/2016; Non-Expert 1/31/2017; Expert 3/31/2017. Mid-Discovery Status Conference set for 10/31/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 4/14/2017; Hearing by 5/12/2017. Dispositive Motion Dea dlines: Filed by 6/6/2017; Hearing by 7/18/2017. Settlement Conference set for 9/11/2017 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 10/2/2017 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 12/5/2017 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

KERN COUNTY HOSPITAL
AUTHORITY,

11
12
13
14
15
16
17

Plaintiff,
v.
CIGNA HEALTHCARE OF
CALIFORNIA, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

1: 16-CV-00432 - DAD - JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 9/19/2016
Discovery Deadlines:
Initial Disclosures: 6/30/2016
Non-Expert: 1/31/2017
Expert: 3/31/2017
Mid-Discovery Status Conference:
10/31/2016 at 9:00 a.m.
Non-Dispositive Motion Deadlines:
Filing: 4/14/2017
Hearing: 5/12/2017

18
19

Dispositive Motion Deadlines:
Filing: 6/6/2017
Hearing: 7/18/2017

20
21

Settlement Conference:
9/11/2017 at 9:30 a.m.
510 19th Street, Bakersfield, CA

22
23

Pre-Trial Conference:
10/2/2017 at 1:30 p.m.
Courtroom 5

24
Trial:
25
26
27
28
1

12/5/2017 at 1:00 p.m.
Courtroom 5
Jury trial: 3-4 days

1

I.

June 23, 2016.

2
3

Date of Scheduling Conference

II.

Appearances of Counsel

4

Jennifer Jiao appeared on behalf of Plaintiff.

5

Joshua Traver appeared on behalf of Defendant.

6

III.

Magistrate Judge Consent:

7

Notice of Congested Docket and Court Policy of Trailing

8

Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

9

the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set

10

before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

11

civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a

12

continued date.
The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

13
14

of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

15

criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

16

may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

17

Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

18

Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.
The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

19
20

States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

21

Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

22

notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

23

District of California.
Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

24
25

conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel

26

SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating

27

whether they will consent to the jurisdiction of the Magistrate Judge.

28

///
2

1

IV.

Pleading Amendment Deadline
Any requested pleading amendments1 are ordered to be filed, either through a stipulation or

2
3

motion to amend, no later than September 19, 2016.

4

V.

Counsel SHALL meet and confer to develop a stipulated protective order to apply in this case.

5
6

They SHALL file the stipulated protective order no later than July 8, 2016.
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)

7
8

on or before June 30, 2016.
The parties are ordered to complete all discovery pertaining to non-experts on or before

9
10

Discovery Plan and Cut-Off Date

January 31, 2017, and all discovery pertaining to experts on or before March 31, 2017.
The parties are directed to disclose all expert witnesses, in writing, on or before February 15,

11
12

2017, and to disclose all rebuttal experts on or before March 8, 2017. The written designation of

13

retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B),

14

and (C) and shall include all information required thereunder. Failure to designate experts in

15

compliance with this order may result in the Court excluding the testimony or other evidence offered

16

through such experts that are not disclosed pursuant to this order.
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

17
18

and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

19

included in the designation. Failure to comply will result in the imposition of sanctions, which may

20

include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement

21
22

disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for October 31, 2016, at 9:00 a.m. before the

23
24

Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,

25

California. Counsel SHALL file a joint mid-discovery status conference report one week before the

26

conference. Counsel also SHALL lodge the status report via e-mail to [e-mail].

27
28

1

Plaintiff SHALL use best efforts to determine whether CIGNA is responsible for the charges related to patient W.W.
within 30 days. In event CIGNA may not be held responsible, Plaintiff intends to amend the complaint to “doe-in” the
proper party and to delete CIGNA from this portion of the complaint.

3

1

The joint statement SHALL outline the discovery counsel have completed and that which needs to be

2

completed as well as any impediments to completing the discovery within the deadlines set forth in this

3

order. Counsel may appear via CourtCall, providing a written notice of the intent to appear

4

telephonically is provided to the Magistrate Judge's Courtroom Deputy Clerk no later than five court

5

days before the noticed hearing date.

6

VI.

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

7
8

than April 14, 2017, and heard on or before May 12, 2017. Non-dispositive motions are heard before

9

the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in

10

Bakersfield, California.
No motion to amend or stipulation to amend the case schedule will be entertained unless it

11
12

is filed at least one week before the first deadline the parties wish to extend. Likewise, no written

13

discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party

14

with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

15

agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

16

shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the

17

obligation of the moving party to arrange and originate the conference call to the court. To schedule

18

this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at

19

[phone] or via email at [e-mail]. Counsel must comply with Local Rule 251

20

with respect to discovery disputes or the motion will be denied without prejudice and dropped

21

from the Court’s calendar.

22

All dispositive pre-trial motions shall be filed no later than June 6, 2017, and heard no later

23

than July 18, 2017, in Courtroom 5 at 8:30 a.m. before the Honorable Dale A. Drozd, United States

24

District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and

25

Local Rules 230 and 260.

26

VII.

Motions for Summary Judgment or Summary Adjudication

27

At least 21 days before filing a motion for summary judgment or motion for summary

28

adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues
4

1

to be raised in the motion.

2

The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a

3

question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole

4

or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the

5

issues for review by the court; 5) explore the possibility of settlement before the parties incur the

6

expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.
The moving party SHALL initiate the meeting and SHALL provide a complete, proposed

7
8

statement of undisputed facts at least five days before the conference. The finalized joint statement of

9

undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be

10

deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint

11

statement of undisputed facts.
In the notice of motion the moving party SHALL certify that the parties have met and conferred

12
13

as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to

14

comply may result in the motion being stricken.

15

VIII. Pre-Trial Conference Date

16

October 2, 2017, at 8:30 a.m. in Courtroom 5 before Judge Drozd.

17

The parties are ordered to file a joint pretrial statement pursuant to Local Rule 281(a)(2).

18

The parties are further directed to submit a digital copy of their pretrial statement in Word format,

19

directly to Judge Drozd's chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

20
21

Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference.

22

The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the

23

Local Rules the joint pretrial statement shall include a joint statement of the case to be used by the

24

Court to explain the nature of the case to the jury during voir dire.

25

IX.

26
27
28

Trial Date
December 5, 2017 at 1:00 p.m. in Courtroom 5 before the Honorable Dale A. Drozd, United

States District Court Judge.
A.

This is a jury trial.
5

1

B.

Counsels' Estimate of Trial Time: 3-4 days.

2

C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

3

California, Rule 285.

4

X.

5

Settlement Conference
A settlement conference is scheduled for September 11, 2017 at 9:30 a.m. DATE at 510 19th

6

Street, Bakersfield, California. The settlement conference will be conducted by Magistrate Judge

7

Thurston. If any party prefers that the settlement conference be conducted by a judicial officer

8

who is not assigned to this case, that party is directed to notify the Court no later than 60 days in

9

advance of the scheduled settlement conference to allow sufficient time for another judicial officer to

10
11

be assigned to handle the conference.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

12

appear at the settlement conference with the parties and the person or persons having full authority

13

to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a

14

serious matter that requires preparation prior to the settlement conference. Set forth below are the

15

procedures the Court will employ, absent good cause, in conducting the conference.

16

At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via

17

fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes a

18

brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the

19

settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or

20

with a meaningful counteroffer, which includes a brief explanation of why such a settlement is

21

appropriate.

22

If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

23

confidential settlement conference statement, as described below. Copies of these documents shall not

24

be filed on the court docket.

25
26
27
28

2

Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements
are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a
person or persons who occupy high executive positions in the party organization and who will be directly involved in the
process of approval of any settlement offers or agreements. To the extent possible the representative shall have the
authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent
demand.
3
“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party.

6

CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

1

At least five court days before the settlement conference, the parties shall submit, directly to

2
3

Judge Thurston's chambers by e-mail to [e-mail], a confidential settlement

4

conference statement. The statement should not be filed with the Clerk of the Court nor served on

5

any other party, although the parties may file a notice of lodging of settlement conference statement.

6

Each statement shall be clearly marked "confidential" with the date and time of the settlement

7

conference indicated prominently thereon.

8

The confidential settlement conference statement shall include the following:

9

A.

A brief statement of the facts of the case.

10

B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon which

11

the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on

12

the claims and defenses; and a description of the major issues in dispute.

13

C.

A summary of the proceedings to date.

14

D.

An estimate of the cost and time to be expended for further discovery, pretrial and trial.

15

E.

The relief sought.

16

F.

The party's position on settlement, including present demands and offers and a history of
past settlement discussions, offers and demands.

17
18

XI.

Request for Bifurcation, Appointment of Special Master, or other

19

Techniques to Shorten Trial

20

Not applicable at this time.

21
22
23
24

XII.

Related Matters Pending
There are no pending related matters.

XIII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

25

and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

26

amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

27

handle its increasing case load and sanctions will be imposed for failure to follow both the Federal

28

Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.
7

1
2

XIV. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most

3

suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

4

parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

5

to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

6

subsequent status conference.

7

The dates set in this Order are considered to be firm and will not be modified absent a

8

showing of good cause even if the request to modify is made by stipulation. Stipulations

9

extending the deadlines contained herein will not be considered unless they are accompanied by

10

affidavits or declarations, and where appropriate attached exhibits, which establish good cause

11

for granting the relief requested.

12

Failure to comply with this order may result in the imposition of sanctions.

13
14
15
16

IT IS SO ORDERED.
Dated:

June 23, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
8