Young v. Sun Life and Health Insurance Company

Filing 21

FURTHER SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 11/28/2016. Consent/Decline Deadline 12/9/2016. Discovery Deadline 4/14/2017. Non-Dispositive Motion Deadlines: Filed by 4/21/2017; Hearing by 5/19/2017. Merits Briefs: Filed by 8/1/2017; Responsive Briefs due by 8/29/2017. Bench Trial/Oral Argument on Merits Briefs set for 9/26/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

VICKI YOUNG,

12

Plaintiff,

13
14

Case No.: 1:15-cv-00822 LJO JLT
FURTHER SCHEDULING ORDER

v.

Discovery Deadline: 4/14/2017

SUN LIFE AND HEALTH INSURANCE
COMPANY,

Non-Dispositive Motion Deadlines:
Filing: 4/21/2017
Hearing: 5/19/2017

15
Defendant.
16

Merits Briefs:
Briefs: 8/1/2017
Responsive Briefs: 8/29/20017

17
18
19

Trial: 9/26/2017, Ctrm 4

20
21

I.

22
23

Date of Scheduling Conference
November 28, 2016.

II.

Appearances of Counsel

24

Lisa Kantor appeared on behalf of Plaintiff.

25

Martin Rosen and Adam Rucker appeared on behalf of Defendant.

26
27
28

III.

Magistrate Judge Consent: Notice of Congested Docket and Court Policy of Trailing
Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set
1

1

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

2

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

3

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

4
5

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

6

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

7

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

8

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

9

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

10
11

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

12

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

13

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

14

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

15
16

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

17

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

18

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

19

IV.

Discovery
The parties disagree as to the extent of discovery allowed. Without deciding this issue, the

20
21

parties are ordered to complete all discovery on or before April 14, 2017.

22

V.

Pre-Trial Motion Schedule

23

A.

Non-dispositive motions

24

All non-dispositive pre-trial motions, including any motions to augment the record, shall be

25

filed no later than April 21, 2017, and heard on or before May 19, 2017. Non-dispositive motions are

26

heard before the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States

27

Courthouse in Bakersfield, California.

28

No written motions shall be filed without the prior approval of the assigned Magistrate Judge.
2

1

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

2

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

3

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

4

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

5

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

6

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

7

Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and

8

dropped from calendar.

9

In scheduling such motions, the Magistrate Judge may grant applications for an order

10

shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an order

11

shortening time, the notice of motion must comply with Local Rule 251. Counsel may appear and

12

argue non-dispositive motions via CourtCall.

13

VI.

Merits briefing
The parties SHALL file their briefs on the merits simultaneously no later than August 1, 2017

14
15

and may file a responsive brief no later than August 29, 2017.

16

VII.

17
18

Trial
September 26, 2017 at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill,

United States District Court Judge.

19

A.

This is oral argument on the merits briefs only.

20

B.

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

21

California, Rule 285.

22

VIII. Compliance with Federal Procedure

23

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

24

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

25

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

26

handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided

27

in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of

28

California.
3

1
2

IX.

Effect of this Order
This order represents the best estimate of the court and counsel as to the schedule most suitable

3

to dispose of this case. If the parties determine that the schedule outlined in this order cannot be met,

4

they must notify the court immediately so that adjustments may be made, either by stipulation or by

5

subsequent status conference.

6

The dates set in this Order are firm and will not be modified absent a showing of good cause

7

even if the request to modify is made by stipulation. Stipulations extending the deadlines contained

8

herein will not be considered unless they are accompanied by evidence establishing good cause for

9

granting the relief requested. Failure to comply with this order may result in the imposition of

10

sanctions.

11
12
13
14

IT IS SO ORDERED.
Dated:

November 28, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4