Knighton v. CIGNA Group Insurance et al

Filing 11

PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 7/28/11: Discovery due by 11/1/2011. Dispositive Motions shall be filed by 1/24/2012. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KARIN KNIGHTON,

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Plaintiff,

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No. 2:11-cv-00772-MCE-KJN

v.

PRETRIAL SCHEDULING ORDER

CIGNA GROUP INSURANCE, et
al.,

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Defendants.
___________________________/

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After reviewing the parties’ Joint Status Report, the Court
makes the following Pretrial Scheduling Order.

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I.

SERVICE OF PROCESS

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All named Defendants have been served and no further service

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is permitted without leave of court, good cause having been

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shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

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No joinder of parties or amendments to pleadings is

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permitted without leave of court, good cause having been shown.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. section 1337 and

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29 U.S.C. section 1132(e).

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Jurisdiction and venue are not

contested.

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IV.

DISCOVERY

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This case is governed by ERISA, therefore, all evidence for

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trial will be limited to the administrative record.

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will allow a limited period of additional discovery in order to

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assess whether a conflict of interest affected the decision-

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The Court

making process.
All discovery shall be completed by November 1, 2011.

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In

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this context, “completed” means that all discovery shall have

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been conducted so that all depositions have been taken and any

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disputes relative to discovery shall have been resolved by

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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this Court.

All motions to compel

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V.

ADMINISTRATIVE RECORD

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Defendants shall provide Plaintiff a copy of the entire

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administrative record within 60 days of the date of this Pretrial

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Scheduling Order.

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record shall be not later than January 24, 2012.

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The filing of the written administrative

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VI.

MOTION HEARING SCHEDULE

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The Plaintiff’s dispositive motion shall be filed by

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January 24, 2012.

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and Defendants’ cross-motion, if any, shall be filed by

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February 7, 2012.

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Defendants’ cross-motion shall be filed by February 21, 2012.

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Defendants’ reply shall be filed by March 7, 2012.

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such motions shall be on March 21, 2012, at 2:00 p.m.

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Defendants’ opposition to Plaintiff’s motion

Plaintiff’s reply and opposition to

Hearing on

All purely legal issues are to be resolved by timely

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pretrial motions.

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260, as modified by this Order, may be deemed consent to the

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motion and the Court may dispose of the motion summarily.

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Further, failure to timely oppose a summary judgment motion1 may

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result in the granting of that motion if the movant shifts the

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burden to the nonmovant to demonstrate that a genuine issue of

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material fact remains for trial.

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Failure to comply with Local Rules 230 and

The Court places a page limit of twenty (20) pages on all

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initial moving papers, twenty (20) pages on oppositions, and ten

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(10) pages for replies.

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must be made in writing to the Court setting forth any and all

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reasons for any increase in page limit at least fourteen (14)

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days prior to the filing of the motion.

All requests for page limit increases

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For the Court’s convenience, citations to Supreme Court

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cases should include parallel citations to the Supreme Court

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Reporter.

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The Court urges any party that contemplates bringing a
motion for summary judgment or who must oppose a motion for
summary judgment to review Local Rule 260.
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VII. SETTLEMENT CONFERENCE

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The Court may set a settlement conference if the parties so

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request.

In the event an early settlement conference date is

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requested, the parties shall file said request jointly, in

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writing.

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disqualification, pursuant to Local Rule 270(b), before a

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settlement judge can be assigned to the case.

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parties’ affirmatively requesting that the assigned Judge or

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Magistrate Judge participate in the settlement conference AND

The request must state whether the parties waive

Absent the

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waiver, pursuant to Local Rule 270(b), a settlement judge will be

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randomly assigned to the case.

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VIII.

VOLUNTARY DISPUTE RESOLUTION PROGRAM

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Pursuant to Local Rule 271 parties will need to lodge a

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stipulation and proposed order requesting referral to the

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Voluntary Dispute Resolution Program.

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IX.

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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The parties are reminded that pursuant to Rule 16(b) of the

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Federal Rules of Civil Procedure, the Pretrial Scheduling Order

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shall not be modified except by leave of court upon a showing of

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good cause.

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alone to modify the Pretrial Scheduling Order does not constitute

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good cause.

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unavailability of witnesses or counsel will not constitute good

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cause.

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Agreement by the parties pursuant to stipulation

Except in extraordinary circumstances,

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X.

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This Pretrial Scheduling Order will become final without

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further order of the Court unless objections are filed within

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seven (7) court days of service of this Order.

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER

IT IS SO ORDERED.
Dated: July 28, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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