Dorsey v. Metropolitan Life Insurance Company

Filing 16

STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 2/3/16, ORDERING that initial disclosures shall be completed by 2/28/2016. Any additional discovery shall be completed by 5/29/2016. This matter will be decided by cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure. Cross-motions shall be filed no later than 9/16/2016. Responsive pleadings shall be filed no later than 10/7/2016. Hearing on cross-motions is set for 11/18/2016 at 10:00 a.m. in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall inform the court of the results of their mediation efforts by 8/19/2016. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY DORSEY,

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Plaintiff,

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No. 2:15-CV-2126 KJM CKD

v.

STATUS (PRETRIAL SCHEDULING)

METROPOLITAN LIFE INSURANCE
COMPANY, and DOES 1 to 100,

ORDER

Defendants.

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An initial scheduling conference was held in this ERISA case on January 21, 2016.

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David Allen appeared for plaintiff; Robert Hess appeared telephonically for defendant.
Having reviewed the parties’ Joint Status Report filed on January 5, 2016, and

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discussed a schedule for the case with counsel at the hearing, the court makes the following

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orders:

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I.

SERVICE OF PROCESS
All named defendants have been served and no further service is permitted without

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leave of court, good cause having been shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

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No further joinder of parties or amendments to pleadings is permitted without

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leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

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III.

JURISDICTION/VENUE

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Jurisdiction is predicated upon 29 U.S.C. § 1001. Jurisdiction and venue are not

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disputed.

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IV.

DISCOVERY

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Initial disclosures as required by Federal Rule of Civil Procedure 26(a), including

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provision of the administrative record, shall be completed by February 28, 2016. Any additional

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discovery shall be completed by May 29, 2016.

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V.

MOTION HEARING SCHEDULE

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This matter will be decided by cross-motions for judgment under Rule 52 of the
Federal Rules of Civil Procedure.

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Cross-motions shall be filed no later than September 16, 2016.

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Responsive pleadings shall be filed no later than October 7, 2016.

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Hearing on cross-motions is set for November 18, 2016 at 10:00 a.m. in Courtroom

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No. 3.
VI.

SETTLEMENT CONFERENCE

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The parties will engage in settlement discussions informally and if they are unable

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to resolve their dispute they will agree to participate in an agreed upon alternative dispute

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resolution (ADR). The parties shall inform the court of the results of their mediation efforts by

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August 19, 2016.

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In the event that a court settlement conference date or referral to the Voluntary

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Dispute Resolution Program (VDRP) is requested, the parties shall file said request jointly, in

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writing.

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Counsel are instructed to have a principal with full settlement authority present at
any Settlement Conference or to be fully authorized to settle the matter on any terms. Each judge
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has different requirements for the submission of settlement conference statements; the appropriate

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instructions will be sent to you after the settlement judge is assigned.

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VII.

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MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil

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Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court

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upon a showing of good cause. Agreement by the parties pursuant to stipulation alone does not

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constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or

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counsel does not constitute good cause.

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VIII.

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OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further order of the court unless

objections are filed within fourteen (14) calendar days of service of this Order.
IT IS SO ORDERED.
DATED: February 3, 2016

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UNITED STATES DISTRICT JUDGE

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