Pratt v. Life Insurance Company of North America et al

Filing 12

ORDER signed by District Judge Kimberly J. Mueller on 5/2/16 DENYING 10 Request to Continue Status Conference. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERALDINE PRATT,

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No. 2:16-cv-00033-KJM-EFB

Plaintiff,
v.

ORDER

LIFE INSURANCE COMPANY OF
NORTH AMERICA,
Defendant.

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A status (pretrial scheduling) conference is currently set for May 12, 2016, at 2:30

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p.m. ECF No. 4. The parties request the conference be continued to allow them to pursue private

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mediation of their case. ECF No. 10.

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Under Federal Rule of Civil Procedure 16(b)(2), the court must issue a scheduling

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order “as soon as practicable, but unless the judge finds good cause for delay, the judge must

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issue it within the earlier of 90 days after any defendant has been served with the complaint or 60

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days after any defendant has appeared.” Defendant Life Insurance Company of North America

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appeared on March 10, 2016. Sixty days from that date is May 9, 2016.

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The parties’ brief discussion of a possible settlement does not allow the court to

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find that good cause supports their request to continue. “Litigation involving complex issues,

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multiple parties, and large organizations, public or private, may be more likely to need extra time,
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. . . [b]ut in most cases it will be desirable to hold at least a first scheduling conference in the time

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set by the [Rule 16].” Fed. R. Civ. P. 16, Advisory Comm. Notes to 2015 Amendments.

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The request to continue is DENIED.

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IT IS SO ORDERED.

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DATED: May 2, 2016

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UNITED STATES DISTRICT JUDGE
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