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)

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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

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