Scott v. The Northwestern Mutual Life Insurance Company et al

Filing 15

STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 9/19/17, ORDERING that if any discovery is conducted, it will be completed by 2/2/2018. Cross-motions for Judgment shall be filed no later than 3/23/2018. Responsive pleadings shall be filed no later than 4/6/2018. Hearing on cross-motions is SET for 5/4/2018, at 10:00 a.m. in Courtroom No. 3. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID SCOTT,

12

Plaintiff,

13
14
15

No. 2:17-cv-0559 KJM EFB

v.

STATUS (PRETRIAL SCHEDULING)

THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY, et al.,

ORDER

Defendants.

16
17
18

An initial scheduling conference was held in this case on August 31, 2017. Jesse

19
20

Kaplan appeared for plaintiff; Sevana Babooian appeared for defendants.
Having reviewed the parties’ Joint Status Report filed on July 6, 2017, and

21
22

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

23

orders:

24

I.

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

25
26

leave of court, good cause having been shown.

27

/////

28

/////
1

1

II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

2

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

3

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

4

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

5

III.

JURISDICTION/VENUE

6

Jurisdiction is predicated upon 28 U.S.C. § 1331. Jurisdiction and venue are not

7

disputed.

8

IV.

9

DISCOVERY
The parties agree at this time that no discovery will take place beyond the

10

exchange of initial disclosures in this ERISA action, and that disclosures will be limited to the

11

Administrative Record. Initial disclosures as required by Federal Rule of Civil Procedure 26(a)

12

have been completed. If any discovery is conducted, it will be completed by February 2, 2018.

13

V.

14

AVOIDANCE OF UNNECESSARY PROOF
The parties will explore stipulating to facts and waiving foundational facts and

15

stipulating to evidence, to the extent possible.

16

VI.

17
18

MOTION HEARING SCHEDULE
This matter will be decided by cross-motions for judgment under Rule 52 of the

Federal Rules of Civil Procedure.

19

-

Cross-motions shall be filed no later than March 23, 2018.

20

-

Responsive pleadings shall be filed no later than April 6, 2018.

21

-

Hearing on cross-motions is set for May 4, 2018, at 10:00 a.m. in Courtroom

22

No. 3.

23

The parties will explore stipulating to fact and waiving foundational fact and

24

stipulating to evidence.

25

VII.

26

SETTLEMENT CONFERENCE
No settlement conference is currently scheduled. A settlement conference may be

27

set at any time at the parties’ request. In the event that a court settlement conference date or

28

referral to the Voluntary Dispute Resolution Program (VDRP) is requested, the parties shall file
2

1

said request jointly, in writing. Counsel are instructed to have a principal with full settlement

2

authority present at any Settlement Conference or to be fully authorized to settle the matter on

3

any terms.

4

VIII.

5

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

6

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

7

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

8

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

9

not constitute good cause.

10
11
12
13
14

IX.

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: September 19, 2017.

15
16

UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
3