Bommarito v. The Northwestern Mutual Life Insurance Company
Filing
15
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 10/7/15: Discovery due by 10/13/2015. Dispositive Motions filed by 10/26/2016. Final Pretrial Conference set for 1/3/2017 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 2/28/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
----oo0oo----
11
12
DEVRA BOMMARITO,
13
14
15
16
Plaintiff,
v.
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY and MARK
MAJEWSKI,
17
18
CIV. NO. 2:15-01187 WBS DAD
Defendants.
AND RELATED COUNTERCLAIMS.
19
----oo0oo----
20
21
STATUS (PRETRIAL SCHEDULING) ORDER
22
After reviewing the parties’ Joint Status Report, the
23
24
court hereby vacates the Status (Pretrial Scheduling) Conference
25
scheduled for October 13, 2015, and makes the following findings
26
and orders without needing to consult with the parties any
27
further.
28
1
1
I.
2
The named defendants have been served, and no further
SERVICE OF PROCESS
3
service is permitted without leave of court, good cause having
4
been shown under Federal Rule of Civil Procedure 16(b).
5
II.
JOINDER OF PARTIES/AMENDMENTS
6
No further joinder of parties or amendments to
7
pleadings will be permitted except with leave of court, good
8
cause having been shown under Federal Rule of Civil Procedure
9
16(b).
10
See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604
(9th Cir. 1992).
11
III. JURISDICTION/VENUE
12
Jurisdiction is predicated upon diversity of
13
citizenship, 28 U.S.C. § 1332.
The court has supplemental
14
jurisdiction over defendants’ counterclaim, 28 U.S.C. § 1367(a).
15
Venue is undisputed and is hereby found to be proper.
16
IV.
DISCOVERY
17
The parties agree to serve the initial disclosures
18
required by Federal Rule of Civil Procedure 26(a)(1) by no later
19
than October 13, 2015.
20
The parties shall disclose experts and produce reports
21
in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
22
later than June 10, 2016.
23
intended solely for rebuttal, those experts shall be disclosed
24
and reports produced in accordance with Federal Rule of Civil
25
Procedure 26(a)(2) on or before July 8, 2016.
With regard to expert testimony
26
All discovery, including depositions for preservation
27
of testimony, is left open, save and except that it shall be so
28
conducted as to be completed by August 5, 2016.
2
The word
1
“completed” means that all discovery shall have been conducted so
2
that all depositions have been taken and any disputes relevant to
3
discovery shall have been resolved by appropriate order if
4
necessary and, where discovery has been ordered, the order has
5
been obeyed.
6
the magistrate judge’s calendar in accordance with the local
7
rules of this court and so that such motions may be heard (and
8
any resulting orders obeyed) not later than August 5, 2016.
9
10
V.
All motions to compel discovery must be noticed on
MOTION HEARING SCHEDULE
All motions, except motions for continuances, temporary
11
restraining orders, or other emergency applications, shall be
12
filed on or before October 26, 2016.
13
noticed for the next available hearing date.
14
cautioned to refer to the local rules regarding the requirements
15
for noticing and opposing such motions on the court’s regularly
16
scheduled law and motion calendar.
All motions shall be
Counsel are
17
VI.
FINAL PRETRIAL CONFERENCE
18
The Final Pretrial Conference is set for January 3,
19
2017, at 2:00 p.m. in Courtroom No. 5.
20
attended by at least one of the attorneys who will conduct the
21
trial for each of the parties and by any unrepresented parties.
22
The conference shall be
Counsel for all parties are to be fully prepared for
23
trial at the time of the Pretrial Conference, with no matters
24
remaining to be accomplished except production of witnesses for
25
oral testimony.
26
and are referred to Local Rules 281 and 282 relating to the
27
contents of and time for filing those statements.
28
those subjects listed in Local Rule 281(b), the parties are to
Counsel shall file separate pretrial statements,
3
In addition to
1
provide the court with: (1) a plain, concise statement which
2
identifies every non-discovery motion which has been made to the
3
court, and its resolution; (2) a list of the remaining claims as
4
against each defendant; and (3) the estimated number of trial
5
days.
6
In providing the plain, concise statements of
7
undisputed facts and disputed factual issues contemplated by
8
Local Rule 281(b)(3)-(4), the parties shall emphasize the claims
9
that remain at issue, and any remaining affirmatively pled
10
defenses thereto.
If the case is to be tried to a jury, the
11
parties shall also prepare a succinct statement of the case,
12
which is appropriate for the court to read to the jury.
13
VII.
TRIAL SETTING
14
The jury trial is set February 28, 2017 at 9:00 a.m.
15
The parties estimate that a jury trial will last seven to ten
16
days.
17
VIII.
SETTLEMENT CONFERENCE
18
A Settlement Conference will be set at the time of the
19
Pretrial Conference.
20
the court whether they will stipulate to the trial judge acting
21
as settlement judge and waive disqualification by virtue thereof.
22
All parties should be prepared to advise
Counsel are instructed to have a principal with full
23
settlement authority present at the Settlement Conference or to
24
be fully authorized to settle the matter on any terms.
25
seven calendar days before the Settlement Conference counsel for
26
each party shall submit a confidential Settlement Conference
27
Statement for review by the settlement judge.
28
judge is not the trial judge, the Settlement Conference
4
At least
If the settlement
1
Statements shall not be filed and will not otherwise be disclosed
2
to the trial judge.
3
IX.
MODIFICATIONS TO SCHEDULING ORDER
4
Any requests to modify the dates or terms of this
5
Scheduling Order, except requests to change the date of the
6
trial, may be heard and decided by the assigned Magistrate Judge.
7
All requests to change the trial date shall be heard and decided
8
only by the undersigned judge.
9
Dated:
October 7, 2015
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?