Zamora v. Life Insurance Company of North America

Filing 17

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/18/2017. Pleading Amendment Deadline 11/10/2017. Discovery Deadlines: Non-Expert 5/14/2018; Expert 7/27/2018. Mid-Discovery Status Conference set for 1/12/2018 at 08:30 AM in Ba kersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 8/10/2018; Hearing by 9/7/2018. Dispositive Motion Deadlines: Filed by 9/21/2018; Hearing by 11/6/2018. Pretrial Conference set for 12/10/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 2/26/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 VERONICA ZAMORA, Plaintiff, 11 v. 12 13 LIFE INSURANCE COMPANY OF NORTH AMERICA, 14 Defendant. 15 ) ) ) ) ) ) ) ) ) ) 1:17-CV-00544 - DAD - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 11/10/2017 Discovery Deadlines: Non-Expert: 5/14/2018 Expert: 7/27/2018 Mid-Discovery Status Conference: 1/12/2018 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 8/10/2018 Hearing: 9/7/2018 18 19 Dispositive Motion Deadlines: Filing: 9/21/2018 Hearing: 11/6/2018 20 21 23 Pre-Trial Conference: 12/10/2018 at 8:30 a.m. Courtroom 5 24 Trial: 22 25 26 27 28 I. Date of Scheduling Conference July 18, 2017. 1 2/26/2019 at 8:30 a.m. Courtroom 5 Jury trial: 7-10 days 1 II. Appearances of Counsel 2 Glenn Kantor appeared on behalf of Plaintiff. 3 Melissa Cowan appeared on behalf of Defendant. 4 III. Magistrate Judge Consent: 5 Notice of Congested Docket and Court Policy of Trailing 6 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 7 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 8 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 9 civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a 10 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 11 12 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 13 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 14 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 15 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 16 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 17 18 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 19 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 20 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 21 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 22 23 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 24 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 25 whether they will consent to the jurisdiction of the Magistrate Judge. 26 IV. 27 28 Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than November 10, 2017. Any motion to amend the pleadings shall be heard 2 1 by the Honorable Dale A. Drozd, United States District Court Judge. 2 V. 3 Discovery Plan and Cut-Off Date The parties have exchanged the initial disclosures required by Fed. R. Civ. P. 26(a)(1). The 4 parties are ordered to complete all nonexpert on or before May 14, 2018 and expert discovery by July 5 27, 2018. 6 The parties are directed to disclose all expert witnesses1, in writing, on or before June 1, 2018, 7 and to disclose all rebuttal experts on or before June 29, 2018. The written designation of retained and 8 non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and 9 shall include all information required thereunder. Failure to designate experts in compliance with 10 this order may result in the Court excluding the testimony or other evidence offered through such 11 experts that are not disclosed pursuant to this order. 12 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 13 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 14 included in the designation. Failure to comply will result in the imposition of sanctions, which may 15 include striking the expert designation and preclusion of expert testimony. 16 17 The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced. 18 A mid-discovery status conference is scheduled for January 12, 2018 at 8:30 a.m. before the 19 Judge Thurston, located at 510 19th Street, Bakersfield, California. Counsel SHALL file a joint mid- 20 discovery status conference report one week before the conference. Counsel also SHALL lodge the 21 status report via e-mail to The joint statement SHALL outline the 22 discovery counsel have completed and that which needs to be completed as well as any impediments to 23 completing the discovery within the deadlines set forth in this order. Counsel may appear via 24 teleconference by dialing (888) 557-8511 and entering Access Code 1652736, provided the Magistrate 25 Judge's Courtroom Deputy Clerk receives a written notice of the intent to appear telephonically no later 26 than five court days before the noticed hearing date. 27 28 1 In the event an expert will offer opinions related to an independent medical or mental health evaluation, the examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s report fully details the expert’s opinions in this regard. 3 1 VI. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 2 3 than August 10, 2018, and heard on or before September 7, 2018. Discovery motions are heard before 4 the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in 5 Bakersfield, California. For these hearings, counsel may appear via teleconference by dialing (888) 6 557-8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy 7 Clerk receives a written notice of the intent to appear telephonically no later than five court days before 8 the noticed hearing date. All other non-dispositive hearings SHALL be set before Judge Drozd. No motion to amend or stipulation to amend the case schedule will be entertained unless it 9 10 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 11 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 12 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 13 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 14 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 15 obligation of the moving party to arrange and originate the conference call to the court. To schedule 16 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 17 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 18 with respect to discovery disputes or the motion will be denied without prejudice and dropped 19 from the Court’s calendar. All dispositive pre-trial motions shall be filed no later than September 21, 2018 and heard no 20 21 later than November 6, 2018, in Courtroom 5 before the Honorable Dale A. Drozd, United States 22 District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and 23 Local Rules 230 and 260. 24 VII. Motions for Summary Judgment or Summary Adjudication 25 At least 21 days before filing a motion for summary judgment or motion for summary 26 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 27 to be raised in the motion. 28 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 4 1 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 2 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 3 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 4 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 5 6 statement of undisputed facts at least five days before the conference. The finalized joint statement of 7 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 8 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 9 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 10 11 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 12 comply may result in the motion being stricken. 13 VIII. Pre-Trial Conference Date 14 December 10, 2018 at 1:30 p.m. in Courtroom 5 before Judge Drozd. 15 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 16 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 17 directly to Judge Drozd's chambers, by email at Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 18 19 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 20 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 21 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 22 Court to explain the nature of the case to the jury during voir dire. 23 IX. 24 25 Trial Date February 26, 2019 at 8:30 a.m. in Courtroom 5 before the Honorable Dale A. Drozd, United States District Court Judge. 26 A. This is a jury trial. 27 B. Counsels' Estimate of Trial Time: 7-10 days. 28 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 5 1 California, Rule 285. 2 X. Settlement Conference The parties participated in a Settlement Conference with Magistrate Judge Thurston on July 17, 3 4 2018. If they agree a further settlement conference would be fruitful, they may request the Court set a 5 further settlement conference. 6 XI. Request for Bifurcation, Appointment of Special Master, or other 7 Techniques to Shorten Trial 8 Not applicable at this time. 9 XII. There are no pending related matters. 10 11 Related Matters Pending XIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 12 13 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 14 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 15 handle its increasing case load and sanctions will be imposed for failure to follow both the Federal 16 Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California. 17 XIV. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 18 19 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 20 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 21 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 22 subsequent status conference. The dates set in this Order are considered to be firm and will not be modified absent a 23 24 showing of good cause even if the request to modify is made by stipulation. Stipulations 25 extending the deadlines contained herein will not be considered unless they are accompanied by 26 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 27 for granting the relief requested. 28 /// 6 1 Failure to comply with this order may result in the imposition of sanctions. 2 3 4 5 IT IS SO ORDERED. Dated: July 18, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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