Chavez v. Travelers Property Casualty Insurance Company

Filing 17

ORDER signed by Magistrate Judge Craig M. Kellison on 2/5/2015. Clerk directed to TERMINATE defendant's 6 Motion to Strike and 7 Motion to Dismiss. All parties shall appear by counsel or personally if acting without counsel.Plaintiffs procee ding pro se must each appear at Status Conference and are reminded they may not make appearances for other plaintiffs proceeding pro se. Parties may appear telephonically. Parties shall submit to Court and serve by mail on all other parties, no later than 7 days before the Conference, a Status / Scheduling Report addressing matters as described. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIE CHAVEZ,

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Plaintiff,

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No. 2:14-CV-2327-CMK

vs.

ORDER

TRAVELERS PROPERTY
CASUALTY INSURANCE
COMPANY,

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Defendant.

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/

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Plaintiff, who is proceeding with retained counsel, brings this civil action. On

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October 13, 2014, defendant filed a motion (Doc. 6) to strike plaintiff’s claim for punitive

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damages, as well as a motion (Doc. 7) to dismiss the complaint. Subsequent to those motions

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being filed, plaintiff filed an amended complaint and defendant has filed an answer. The pending

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motions are, therefor, moot. The Clerk of the Court will be directed to terminate these matter as

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motions pending on the court’s docket.

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A status/scheduling conference is hereby set before the undersigned on March 4,
2015, at 10:00 a.m., in Redding, California.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1.

The Clerk of the Court is directed to terminate Docs. 6 and 7 as pending

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All parties shall appear by counsel or personally if acting without counsel.

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motions.

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Plaintiffs proceeding pro se must each appear at the status conference and are reminded that they

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may not make appearances for other plaintiffs proceeding pro se. Parties may appear

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telephonically.

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3.

The parties shall submit to the court and serve by mail on all other parties,

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no later than seven (7) days before the conference, a status/scheduling report addressing the

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following matters:

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a. Service of process;

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b. Possible joinder of additional parties;

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c. Any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and the scheduling thereof;

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f. The proposed discovery plan developed pursuant to Federal Rule of

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Civil Procedure 26(f);

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g. The potential for settlement and specific recommendations regarding

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settlement procedures and timing, including whether a settlement conference should be

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scheduled and if so when, and whether referral to the court’s Voluntary Dispute Resolution

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Program (see Local Rule 271) is appropriate in this case;

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h. Future proceedings, including setting appropriate cut-off dates for

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discovery and law and motion and the scheduling of a pretrial conference and trial;

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I. Modification of standard pretrial procedures specified by the rules due
to the relative simplicity or complexity of the action or proceedings;

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j. Whether the case is related to any other case, including matters in
bankruptcy;

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k. Whether the counsel will stipulate to the magistrate judge assigned to

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this matter acting as settlement judge and waiving any disqualifications by virtue of her so acting,

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or whether they prefer to have a Settlement Conference before another judge; and

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l. Any other matters that may add to the just and expeditious disposition
of this matter.

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4.

Plaintiff and defense counsel are reminded of their continuing duty to

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notify chambers immediately of any settlement or other disposition (see Local Rule 160). In

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addition, the parties are cautioned that pursuant to Local Rule 230(c), opposition to the granting

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of a motion must be filed fourteen days preceding the noticed hearing date. The Rule further

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provides that “[n]o party will be entitled to be heard in opposition to a motion at oral arguments

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if written opposition to the motion has not been timely filed by that party.” Finally, Local Rule

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110 provides that failure to comply with the Local Rules “may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.”

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DATED: February 5, 2015
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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