Pratt v. Life Insurance Company of North America et al

Filing 18

ORDER signed by District Judge Kimberly J. Mueller on 6/22/16. The date by which Cross-Motions for judgment must be filed is EXTENDED to 4/17/17. Cross- Motions for judgment will be heard on 6/16/2017 at 10:00 A.M. in Courtroom No. 3. (Mena-Sanchez, L)

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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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Plaintiff,

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No. 2:16-CV-0033 KJM EFB

v.

ORDER

LIFE INSURANCE COMPANY OF
NORTH AMERICA,
Defendant.

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On June 7, 2016, the court issued status (pretrial scheduling) order. The court’s

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order set the following dates:

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1. The Administrative Record and the Plan documents shall be
provided to plaintiff by June 15, 2016, and filed with the court by
October 15, 2016;

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2. The parties disagree about the nature and extent of permissible
discovery. Any motion for permission to conduct discovery shall
be noticed to be heard on or before November 4, 2016;

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3. Cross-motions for judgment shall be filed by each party no later
than April 1, 2017;

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4. Each party may file a response brief opposing the other party’s
Motion for Judgment no later than May 17, 2017; and

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5. Cross-motions for judgment will be heard on June 16, 2017, at
10:00 A.M., in Courtroom No. 3.

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ECF No. 16. On June 20, 2016, the parties objected to the court’s order and requested the

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following dates, which according to the parties’ stipulation are sixty days later than those set by

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the court’s order:

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a. The Administrative Record and the Plan documents shall be
provided to plaintiff by June 15, 2016 and filed with the Court on
October 15, 2016;
b. Plaintiff shall file any motion for permission to conduct
discovery on or before November 1, 2016;
c. Cross-motions for judgment shall be filed by each party no later
than April 17, 2017;
d. Each party may file a response brief opposing the other party’s
Motion for Judgment no later than May 17, 2017; and
e. The Parties request a trial date/hearing on the cross-motions for
judgment of June 7, 2017.

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ECF No. 17. These dates are not sixty later than those set by the court’s order. With the

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exception of the due date for cross-motions, they are the same or earlier. The dates allow for the

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mediation the parties have scheduled. The court therefore overrules the parties’ objections with

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the following exception: the date by which cross-motions for judgment must be filed is

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EXTENDED to April 17, 2017.

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The parties’ filings also suggest some confusion about the identity of the

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Magistrate Judge assigned to this case. See ECF Nos. 5, 8, 13, 15, 17; but see ECF No. 11. The

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Magistrate Judge assigned to this case is the Honorable Edmund F. Brennan.

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IT IS SO ORDERED.
DATED: June 22, 2016

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UNITED STATES DISTRICT JUDGE

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