Hackert v. Cigna Health and Life Insurance Company et al

Filing 98

ORDER signed by District Judge Kimberly J. Mueller on 1/29/18: Mr. Hackert and Mr. Leavitt to (1) file a status report regarding the status of their efforts to finalize the settlement agreement; and (2) SHOW CAUSE within fourteen days why each of them should not pay a $250 sanction for failing to heed this court's instruction. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN B. HACKERT, M.D., Civ. No. 2:15-cv-01248-KJM-CKD PS 12 Plaintiff, 13 14 15 16 17 ORDER v. CIGNA HEALTH AND LIFE INSURANCE COMPANY; CIGNA HEALTH CORPORATION; CIGNA HEALTHCARE OF CALIFORNIA, INC.; and DOES 1-10, Defendants. 18 19 20 21 CIGNA HEALTH AND LIFE INSURANCE COMPANY; CIGNA HEALTH CORPORATION; CIGNA HEALTHCARE OF CALIFORNIA, INC., Counterclaimants, 22 23 24 25 v. JOHN B. HACKERT, M.D., Counterdefendant. 26 27 28 1 1 This ERISA action proceeded to trial on November 13, 2017. See Trial Mins. 2 Day 1, ECF No. 91. Counterdefendant John B. Hackert represented himself; Curtis Leavitt 3 represented counterclaimaints Cigna Health and Life Insurance Company, Cigna Health 4 Corporation, and Cigna Healthcare of California, Inc. (collectively “Cigna”). Id. The jury 5 returned a unanimous verdict on a threshold factual question. Trial Mins. Day 2, ECF No. 93; 6 Verdict, ECF No. 96; see also Oct. 31, 2017 Order, ECF No. 88 (explaining Mr. Hackert’s 7 entitlement to a jury trial on threshold question). After a short recess, the parties represented 8 they had reached a settlement, the terms of which were then stated on the record. See Trial Mins. 9 Day 2. The court ordered dispositional documents to be filed within fourteen days. Id. More 10 than two months have now lapsed, yet the parties have neither filed dispositional documents nor 11 requested additional time to do so. Accordingly, the court hereby ORDERS Mr. Hackert and 12 Mr. Leavitt to (1) file a status report regarding the status of their efforts to finalize the settlement 13 agreement; and (2) SHOW CAUSE within fourteen days why each of them should not pay a 14 $250 sanction for failing to heed this court’s instruction. 15 16 IT IS SO ORDERED. DATED: January 29, 2018. 17 18 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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