Chand v. Monumental Life Insurance Company

Filing 15

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Senior Judge Lawrence K. Karlton on 4/7/2010 ORDERING that the Final Pretrial Conference is set for 9/6/2011 at 2:30 PM. The Trial is set for 12/6/2011 at 10:30 AM. (Engbretson, K.)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ASHLEEN CHAND, NO. CIV. S-10cv0082 LKK/JFM 11 Plaintiff, 12 v. 13 MONUMENTAL LIFE INSURANCE 14 CO., and DOES 1 through 25, inclusive, 15 Defendants. 16 / 17 STATUS (PRETRIAL SCHEDULING) CONFERENCE 18 READ THIS ORDER CAREFULLY. 19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 20 PARTIES MUST COMPLY. 21 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 22 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 23 ORDER OF JUDGMENT. 24 Pursuant 25 Conference was held in chambers on April 5, 2010. 26 1 Eric J. Ratinoff to court order, a Status (Pretrial Scheduling) A FAILURE TO COMPLY WITH THE TERMS OF THIS IT CONTAINS IMPORTANT DATES WHICH

1 and Ian Hunter appeared as counsel for plaintiff; Henry C. Wang and 2 John Lien appeared telephonically as counsel for defendants. After 3 hearing, the court makes the following findings and orders: 4 5 SERVICE OF PROCESS All parties defendant have been served and no further service

6 is permitted except with leave of court, good cause having been 7 shown. 8 9 JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings is

10 permitted except with leave of court, good cause having been shown. 11 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 12 1992). 13 14 JURISDICTION/VENUE Jurisdiction is predicated upon 28 U.S.C. § 1332 is undisputed

15 and is hereby found to be proper, as is venue. 16 17 FICTITIOUSLY-NAMED DEFENDANTS This action, including any counterclaims, cross-claims, and

18 third-party complaints is hereby DISMISSED as to all DOE or other 19 fictitiously-named defendants. 20 21 MOTION HEARING SCHEDULES All law and motion except as to discovery is left open, save

22 and except that it shall be conducted so as to be completed by 23 June 5, 2011. The word "completed" in this context means that all Because

24 law and motion matters must be heard by the above date.

25 this date is not necessarily a date previously set aside for law 26 and motion hearings, it is incumbent upon counsel to contact this 2

1 court's courtroom deputy, Ana Rivas at [phone], sufficiently 2 in advance so as to ascertain the dates upon which law and motion 3 will be heard and to properly notice its motion for hearing before 4 that date. Counsel are cautioned to refer to Local Rule 230

5 regarding the requirements for noticing such motions on the court's 6 regularly scheduled law and motion calendar. Opposition or

7 statement of non-opposition to all motions shall be filed not later 8 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by 9 proof of service by mail not less than seventeen (17) days

10 preceding the hearing date.

This paragraph does not preclude

11 motions for continuances, temporary restraining orders or other 12 emergency applications, and is subject to any special scheduling 13 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below. 14 At the time of filing a motion, opposition, or reply, counsel lkk-

15 are directed to email a copy in word processing format to 16 [e-mail]. 17

The parties should keep in mind that the purpose of law and

18 motion is to narrow and refine the legal issues raised by the case, 19 and to dispose of by pretrial motion those issues that are

20 susceptible to resolution without trial.

To accomplish that

21 purpose, the parties need to identify and fully research the issues 22 presented by the case, and then examine those issues in light of 23 the evidence gleaned through discovery. If it appears to counsel

24 after examining the legal issues and facts that an issue can be 25 resolved by pretrial motion, counsel are to file the appropriate 26 motion by the law and motion cutoff set forth supra. 3

1

Unless prior permission has been granted, memoranda of law in

2 support of and in opposition to motions are limited to thirty (30) 3 pages, and reply memoranda are limited to fifteen (15) pages. The

4 parties are also cautioned against filing multiple briefs to 5 circumvent this rule. 6 Where the parties bring motions for summary judgment, the

7 court will deem facts which are apparently undisputed as undisputed 8 under Fed. R. Civ. P. 56(d), unless specifically reserved and that 9 party tenders evidence to support the reservation. 10 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

11 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE 12 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED

13 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT 14 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND 15 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION, 16 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO 17 TIMELY FILE AN APPROPRIATE MOTION. 18 Counsel are further reminded that motions in limine are devices designed to address the admissibility of

19 procedural 20 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

21 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS 22 IN LIMINE 23 24 AT THE TIME OF TRIAL.

DISCOVERY No modifications of the discovery requirements found in the

25 Federal Rules is ordered. 26 All discovery is left open, save and except that it shall be 4

1 so conducted as to be completed by April 5, 2011.

The word

2 "completed" means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relative to 4 discovery shall have been resolved by appropriate order if

5 necessary and, where discovery has been ordered, the order has been 6 complied with. Motions to compel discovery must be noticed on the

7 magistrate judge's calendar in accordance with the local rules of 8 this court and so that such motions will be heard not later than 9 March 5, 2011. In this regard, all counsel are to designate in

10 writing and file with the court and serve upon all other parties a 11 final list of the names of all experts that they propose to tender 12 at trial not later than sixty (60) days before the close of 13 discovery herein established. At the time of designation, all The contents of the report

14 experts shall submit a written report.

15 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All 16 experts so designated are to be fully prepared to render an 17 informed opinion at the time of designation so that they may fully 18 participate in any deposition taken by the opposing party. Experts 19 will not be permitted to testify at the trial as to any information 20 gathered or evaluated, or opinion formed, after deposition taken 21 subsequent to designation. 22 An expert witness not appearing on said lists will not be to testify unless the party offering the witness

23 permitted

24 demonstrates: (a) that the necessity of the witness could not have 25 been reasonably anticipated at the time the lists were exchanged; 26 (b) the court and opposing counsel were promptly notified upon 5

1 discovery of the witness; and (c) that the witness was promptly 2 proffered for deposition. 3 4 MID-LITIGATION STATEMENTS Not later than fourteen (14) days prior to the close of

5 discovery, all parties shall file with the court and serve on all 6 other parties a brief statement summarizing all law and motion 7 practice heard by the court as of the date of the filing of the 8 statement, whether the court has disposed of the motion at the time 9 the statement is filed and served, and the likelihood that any 10 further motions will be noticed prior to the close of law and 11 motion. The filing of this statement shall not relieve the parties 12 or counsel of their obligation to timely notice all appropriate 13 motions as set forth above. 14 15 16 2:30 FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is SET for September 6, 2011, at p.m. Counsel are cautioned that counsel appearing for

17 Pretrial will in fact try the matter. 18 Counsel for all parties are to be fully prepared for trial at

19 the time of the Pretrial Conference, with no matters remaining to 20 be accomplished except production of witnesses for oral testimony. 21 Counsel are referred to Local Rules 280 and 281 relating to the 22 contents of and time for filing Pretrial Statements. In addition

23 to those subjects listed in Local Rule 281(b), the parties are to 24 provide the court with a plain, concise statement which identifies 25 every non-discovery motion tendered to the court, and its

26 resolution.

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL 6

1 BE GROUNDS FOR SANCTIONS. 2 The parties shall file Separate Pretrial Statements, the

3 contents and timing of which are set forth in Local Rule 281, 4 except that the parties are to prepare a JOINT STATEMENT with 5 respect to the undisputed facts and disputed factual issues of the 6 case. See Local Rule 281(b)(3), (4), and (6). The parties are

7 reminded to include in their joint statement all disputed and 8 undisputed special factual information as required by Local Rule 9 281(b)(6). 10 The undisputed facts and disputed factual issues are to be set In each section, the parties

11 forth in two separate sections.

12 should identify first the general facts relevant to all causes of 13 action. After identifying the general facts, the parties should

14 then identify those facts which are relevant to each separate cause 15 of action. In this regard, the parties are to number each Where the parties are unable to

16 individual fact or factual issue.

17 agree as to what factual issues are properly before the court for 18 trial, they should nevertheless list in the section on "DISPUTED 19 FACTUAL ISSUES" all issues asserted by any of the parties and 20 explain by parenthetical the controversy concerning each issue. 21 Each individual disputed fact or factual issue shall include the 22 following introductory language: "Whether or not . . . ." The

23 parties should keep in mind that, in general, each fact should 24 relate or correspond to an element of the relevant cause of action. 25 Notwithstanding the provisions of Local Rule 281, the Joint

26 Statement of Undisputed Facts and Disputed Factual Issues is to be 7

1 filed with the court concurrently with the filing of plaintiff's 2 Pretrial Statement. If the case is tried to a jury, the undisputed

3 facts will be read to the jury. 4 Pursuant to Local Rule 281(b)(10) and (11), the parties are to provide in their Pretrial Statements a list of

5 required

6 witnesses and exhibits that they propose to proffer at trial, no 7 matter for what purpose. These lists shall not be contained in the

8 Pretrial Statement itself, but shall be attached as separate 9 documents to be used as addenda to the Final Pretrial Order. 10 Plaintiff's exhibits shall be listed numerically; defendant's

11 exhibits shall be listed alphabetically.

In the event that the

12 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z, 13 3A-3Z, etc." The Pretrial Order will contain a stringent standard

14 for the proffering of witnesses and exhibits at trial not listed in 15 the Pretrial Order. 16 be strictly applied. Counsel are cautioned that the standard will On the other hand, the listing of exhibits or

17 witnesses which counsel do not intend to call or use will be viewed 18 as an abuse of the court's processes. 19 Pursuant to Local Rule 281(b)(12), a party is required to

20 provide a list of all answers to interrogatories and responses to 21 requests for admission that the party expects to offer at trial. 22 This list should include only those documents or portions thereof 23 which the party expects to offer in its case-in-chief. Unless

24 otherwise barred by a rule of evidence or order of this court, the 25 parties remain free to tender appropriate discovery documents 26 during trial for such purposes as, but not limited to, impeachment 8

1 or memory refreshment. 2 Pursuant to Local Rule 281(b)(8), the parties' Pretrial Each

3 Statements shall contain a "statement of legal theory, etc."

4 party shall commence this section by specifying as to each claim 5 whether federal or state law governs, and if state law, the state 6 whose law is applicable. 7 Counsel are also reminded that, pursuant to Fed. R. Civ. P.

8 16, it will be their duty at the Pretrial Conference to aid the 9 court in (a) formulation and simplification of issues and the 10 elimination of frivolous claims or defenses; (b) settling of facts 11 which should be properly admitted; and (c) the avoidance of

12 unnecessary proof and cumulative evidence.

Counsel must prepare

13 their Pretrial Statements, and participate in good faith at the 14 Pretrial Conference, with these aims in mind. 15 MAY RESULT IN THE IMPOSITION of SANCTIONS A FAILURE TO DO SO which may include

16 monetary sanctions, orders precluding proof, eliminations of claims 17 or defenses, or such other sanctions as the court deems

18 appropriate. 19 20 TRIAL SETTING Trial is SET for December 6, 2011, at 10:30 a.m. Trial will

21 be either by jury or the court without jury depending on the 22 resolution of the motion to strike. The parties represent in good

23 faith that the trial will take approximately eight (8) days. 24 25 SETTLEMENT CONFERENCE A Settlement Conference will be set before the trial judge at

26 the time of the Pretrial Conference. 9

1

All parties have stipulated to the trial judge acting as judge and have waived disqualification by virtue

2 settlement 3 thereof. 4

Counsel

are

cautioned

to

have

a

principal

capable

of

5 disposition present at the Settlement Conference or to be fully 6 authorized to settle the matter on any terms and at the Settlement 7 Conference. 8 9 MISCELLANEOUS PROVISIONS The parties are reminded that pursuant to Fed. R. Civ. P.

10 16(b), the Status (pretrial scheduling) Order shall not be modified 11 except by leave of court upon a showing of good cause. 12 cautioned that changes to any of the scheduled Counsel are dates will

13 necessarily result in changes to all other dates. Thus, even where 14 good cause has been shown, the court will not grant a request to 15 change the discovery cutoff date without modifying the pretrial and 16 trial dates. 17 Agreement by the parties pursuant to stipulation does not

18 constitute good cause. Nor does the unavailability of witnesses or 19 counsel, except in extraordinary circumstances, constitute good 20 cause. 21 The parties are reminded of their continuing obligation to

22 supplement their statements relative to the identification of 23 parent corporations and any publicly held company that owns 10% or 24 more of the party's stock within a reasonable time of any change in 25 the information. 26 The parties are admonished that they are not to cite or refer 10

1 to any of the quotations inscribed in the pavers on the front plaza 2 of the United States Courthouse in any written or oral presentation 3 to the court or a jury. 4 There appear to be no other matters presently pending before

5 the court that will aid the just and expeditious disposition of 6 this matter. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11 IT IS SO ORDERED. DATED: April 7, 2010.