Tanforan v. Hartford Life and Accident Insurance Company

Filing 16

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Lawrence K. Karlton on 7/10/13: Discovery Deadline set for 03/08/2014. Law & Motion deadline set for 05/08/2014. Final Pretrial Conference set for 8/11/2014 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. 12 day Jury Trial set for 11/4/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kastilahn, A)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 BETTINA TANFORAN,
NO. CIV. S-13-0762 LKK/KJN
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12

Plaintiff,
v.

13 HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,
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Defendant.
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/
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STATUS (PRETRIAL SCHEDULING) CONFERENCE
READ THIS ORDER CAREFULLY.

IT CONTAINS IMPORTANT DATES WHICH

19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND
20 PARTIES MUST COMPLY.

A FAILURE TO COMPLY WITH THE TERMS OF THIS

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

to

court

order,

a

Status

(Pretrial

25 Conference was held in chambers on July 8, 2013.

Scheduling)

Robert J. Rosati

26 appeared telephonically as counsel for plaintiff; Edith S. Shea
1

1 appeared telephonically as counsel for defendant.

After hearing,

2 the court makes the following findings and orders:
3

SERVICE OF PROCESS

4

All parties defendant have been served and no further service

5 is permitted except with leave of court, good cause having been
6 shown.
7

JOINDER OF PARTIES/AMENDMENTS

8

No further joinder of parties or amendments to pleadings is

9 permitted except with leave of court, good cause having been shown.
10 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.
11 1992).
12

JURISDICTION/VENUE

13

Jurisdiction

is

predicated

upon

28

U.S.C.

§

1332,

is

14 undisputed, and is hereby found to be proper, as is venue.
15

MOTION HEARING SCHEDULES

16

All law and motion except as to discovery is left open, save

17 and except that it shall be conducted so as to be completed by
18 May 8, 2014.

The word "completed" in this context means that all

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

Because

20 this date is not necessarily a date previously set aside for law
21 and motion hearings, it is incumbent upon counsel to contact this
22 court's courtroom deputy, Ana Rivas at [phone], sufficiently
23 in advance so as to ascertain the dates upon which law and motion
24 will be heard and to properly notice its motion for hearing before
25 that date.

Counsel are cautioned to refer to Local Rule 230

26 regarding the requirements for noticing such motions on the court's
2

1 regularly

scheduled

law

and

motion

calendar.

Opposition

or

2 statement of non-opposition to all motions shall be filed not later
3 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by
4 proof

of

service

by

mail

5 preceding the hearing date.

not

less

than

seventeen

(17)

days

This paragraph does not preclude

6 motions for continuances, temporary restraining orders or other
7 emergency applications, and is subject to any special scheduling
8 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.
9

At the time of filing a motion, opposition, or reply, counsel

10 are directed to email a copy in word processing format to

lkk-

11 [e-mail].
12

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

13 motion is to narrow and refine the legal issues raised by the case,
14 and

to

dispose

of

by

pretrial

motion

those

15 susceptible to resolution without trial.

issues

that

are

To accomplish that

16 purpose, the parties need to identify and fully research the issues
17 presented by the case, and then examine those issues in light of
18 the evidence gleaned through discovery.

If it appears to counsel

19 after examining the legal issues and facts that an issue can be
20 resolved by pretrial motion, counsel are to file the appropriate
21 motion by the law and motion cutoff set forth supra.
22

Unless prior permission has been granted, memoranda of law in

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

The

25 parties are also cautioned against filing multiple briefs to
26 circumvent this rule.
3

1

Where the parties bring motions for summary judgment, the

2 court will deem facts which are apparently undisputed as undisputed
3 under Fed. R. Civ. P. 56(e), unless specifically reserved and that
4 party tenders evidence to support the reservation.
5

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

6 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE
7 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL.

COUNSEL ARE CAUTIONED

8 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT
9 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND
10 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION,
11 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO
12 TIMELY FILE AN APPROPRIATE MOTION.
13

Counsel are further reminded that motions in limine are

14 procedural

devices

designed

to

address

the

admissibility

of

15 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

16 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS
17 IN LIMINE

AT THE TIME OF TRIAL.

18

DISCOVERY

19

No modifications of the discovery requirements found in the

20 Federal Rules is ordered.
21

All discovery is left open, save and except that it shall be

22 so conducted as to be completed by March 8, 2014.

The word

23 "completed" means that all discovery shall have been conducted so
24 that all depositions have been taken and any disputes relative to
25 discovery

shall

have

been

resolved

by

appropriate

order

if

26 necessary and, where discovery has been ordered, the order has been
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1 complied with.

Motions to compel discovery must be noticed on the

2 magistrate judge's calendar in accordance with the local rules of
3 this court and so that such motions will be heard not later than
4 February 8, 2014.

In this regard, all counsel are to designate in

5 writing and file with the court and serve upon all other parties a
6 final list of the names of all experts that they propose to tender
7 at trial not later than sixty (60) days before the close of
8 discovery herein established.

All designated experts shall submit

9 written reports which counsel shall exchange at the time of
10 designation.

The contents of the report must comply with

11 Civ. P. 26 (a)(2)(B).

Fed. R.

All experts so designated are to be fully

12 prepared to render an informed opinion at the time of designation
13 so that they may fully participate in any deposition taken by the
14 opposing party.

Experts will not be permitted to testify at the

15 trial as to any information gathered or evaluated, or opinion
16 formed, after deposition taken subsequent to designation.
17

An expert witness not appearing on said lists will not be

18 permitted

to

testify

unless

the

party

offering

the

witness

19 demonstrates: (a) that the necessity of the witness could not have
20 been reasonably anticipated at the time the lists were exchanged;
21 (b) the court and opposing counsel were promptly notified upon
22 discovery of the witness; and (c) that the witness was promptly
23 proffered for deposition.
24

MID-LITIGATION STATEMENTS

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Not later than fourteen (14) days prior to the close of

26 discovery, all parties shall file with the court and serve on all
5

1 other parties a brief statement summarizing all law and motion
2 practice heard by the court as of the date of the filing of the
3 statement, whether the court has disposed of the motion at the time
4 the statement is filed and served, and the likelihood that any
5 further motions will be noticed prior to the close of law and
6 motion. The filing of this statement shall not relieve the parties
7 or counsel of their obligation to timely notice all appropriate
8 motions as set forth above.
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10

FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is SET for August 11, 2014, at

11 2:30 p.m.

Counsel are cautioned that counsel appearing for

12 Pretrial will in fact try the matter.
13

Counsel for all parties are to be fully prepared for trial at

14 the time of the Pretrial Conference, with no matters remaining to
15 be accomplished except production of witnesses for oral testimony.
16 Counsel are referred to Local Rules 280 and 281 relating to the
17 contents of and time for filing Pretrial Statements.

In addition

18 to those subjects listed in Local Rule 281(b), the parties are to
19 provide the court with a plain, concise statement which identifies
20 every

non-discovery

21 resolution.

motion

tendered

to

the

court,

and

its

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL

22 BE GROUNDS FOR SANCTIONS.
23

The parties shall file Separate Pretrial Statements, the

24 contents and timing of which are set forth in Local Rule 281,
25 except that the parties are to prepare a JOINT STATEMENT with
26 respect to the undisputed facts and disputed factual issues of the
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1 case.

See Local Rule 281(b)(3), (4), and (6).

The parties are

2 reminded to include in their joint statement all disputed and
3 undisputed special factual information as required by Local Rule
4 281(b)(6).

Notwithstanding the provisions of Local Rule 281, the

5 Joint Statement of Undisputed Facts and Disputed Factual Issues is
6 to

be

filed

with

the

court

concurrently

with

the

filing

of

7 plaintiff's Pretrial Statement.
8

The undisputed facts and disputed factual issues are to be set

9 forth in two separate sections.

In each section, the parties

10 should identify first the general facts relevant to all causes of
11 action.

After identifying the general facts, the parties should

12 then identify those facts which are relevant to each separate cause
13 of action.

In this regard, the parties are to number each

14 individual fact or factual issue.

Where the parties are unable to

15 agree as to what factual issues are properly before the court for
16 trial, they should nevertheless list in the section on "DISPUTED
17 FACTUAL ISSUES" all issues asserted by any of the parties and
18 explain by parenthetical the controversy concerning each issue.
19 Each individual disputed fact or factual issue shall include the
20 following introductory language:

"Whether or not . . . ."

The

21 parties should keep in mind that, in general, each fact should
22 relate or correspond to an element of the relevant cause of action.
23 If the case is tried to a jury, the undisputed facts will be read
24 to the jury.
25

Pursuant to Local Rule 281(b)(10) and (11), the parties are

26 required

to

provide

in

their

Pretrial
7

Statements

a

list

of

1 witnesses and exhibits that they propose to proffer at trial, no
2 matter for what purpose. These lists shall not be contained in the
3 Pretrial Statement itself, but shall be attached as separate
4 documents to be used as addenda to the Final Pretrial Order.
5 Plaintiff's exhibits shall be listed

numerically; defendant's

6 exhibits shall be listed alphabetically.

In the event that the

7 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z,
8 3A-3Z, etc."

The Pretrial Order will contain a stringent standard

9 for the proffering of witnesses and exhibits at trial not listed in
10 the Pretrial Order.

Counsel are cautioned that the standard will

11 be strictly applied. On the other hand, the listing of exhibits or
12 witnesses which counsel do not intend to call or use will be viewed
13 as an abuse of the court's processes.
14

Pursuant to Local Rule 281(b)(12), a party is required to

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

Unless

19 otherwise barred by a rule of evidence or order of this court, the
20 parties remain free to tender appropriate discovery documents
21 during trial for such purposes as, but not limited to, impeachment
22 or memory refreshment.
23

Pursuant

to

Local

Rule

281(b)(8),

the

parties'

Pretrial

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

Each

25 party shall commence this section by specifying as to each claim
26 whether federal or state law governs, and if state law, the state
8

1 whose law is applicable.
2

Counsel are also reminded that, pursuant to Fed. R. Civ. P.

3 16, it will be their duty at the Pretrial Conference to aid the
4 court in (a) formulation and simplification of issues and the
5 elimination of frivolous claims or defenses; (b) settling of facts
6 which should be properly admitted; and (c) the avoidance of
7 unnecessary proof and cumulative evidence.

Counsel must prepare

8 their Pretrial Statements, and participate in good faith at the
9 Pretrial Conference, with these aims in mind.

A FAILURE TO DO SO

10 MAY RESULT IN THE IMPOSITION of SANCTIONS which may include
11 monetary sanctions, orders precluding proof, eliminations of claims
12 or

defenses,

or

such

other

sanctions

as

the

court

deems

13 appropriate.
14

TRIAL SETTING

15

Trial is SET for November 4, 2014, at 10:30 a.m.

16 be by jury.

Trial will

The parties represent in good faith that the trial

17 will take approximately twelve (12) days.
18

SETTLEMENT CONFERENCE

19

A Settlement Conference will be set before a judge other than

20 the trial judge at the time of the Pretrial Conference.
21

Counsel

are

cautioned

to

have

a

principal

capable

of

22 disposition present at the Settlement Conference or to be fully
23 authorized to settle the matter on any terms and at the Settlement
24 Conference.
25

MISCELLANEOUS PROVISIONS

26

The parties are reminded that pursuant to Fed. R. Civ. P.
9

1 16(b), the Status (pretrial scheduling) Order shall not be modified
2 except by leave of court upon a showing of good cause.

Counsel are

3 cautioned

dates

that

changes

to

any

of

the

scheduled

will

4 necessarily result in changes to all other dates. Thus, even where
5 good cause has been shown, the court will not grant a request to
6 change the discovery cutoff date without modifying the pretrial and
7 trial dates.
8

Agreement by the parties pursuant to stipulation does not

9 constitute good cause. Nor does the unavailability of witnesses or
10 counsel, except in extraordinary circumstances, constitute good
11 cause.
12

The parties are reminded of their continuing obligation to

13 supplement their statements relative to the identification of
14 parent corporations and any publicly held company that owns 10% or
15 more of the party's stock within a reasonable time of any change in
16 the information.
17

The parties are admonished that they are not to cite or refer

18 to any of the quotations inscribed in the pavers on the front plaza
19 of the United States Courthouse in any written or oral presentation
20 to the court or a jury.
21

There appear to be no other matters presently pending before

22 the court that will aid the just and expeditious disposition of
23 this matter.
24

IT IS SO ORDERED.

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DATED:

July 10, 2013.

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