Khoury v. Liberty Life Assurance Company of Boston et al

Filing 22

STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 10/11/17: Discovery due by 5/25/2018.This matter will be decided by cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure. (Kaminski, H)

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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 LISA KHOURY, 12 Plaintiff, 13 14 15 No. 2:17-cv-1431 KJM EFB v. STATUS (PRETRIAL SCHEDULING) LIBERTY LIFE ASSURANCE COMPNAY OF BOSTON, et al., ORDER Defendants. 16 17 18 An initial scheduling conference was held in this case on September 28, 2017. 19 20 Brent Brehm appeared for plaintiff; Stacy Tucker appeared for defendants. Having reviewed the parties’ Joint Status Report filed on September 21, 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. § 1001. Jurisdiction and venue are not 7 disputed. 8 IV. 9 DISCOVERY Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be 10 completed by October 20, 2017. All discovery, if allowed, shall be completed by May 25, 2018. 11 In this context, “completed” means that all discovery shall have been conducted so that all 12 depositions have been taken and any disputes relative to discovery shall have been resolved by 13 appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. 14 All motions to compel discovery must be noticed on the magistrate judge’s calendar in 15 accordance with the local rules of this court. While the assigned magistrate judge reviews 16 proposed discovery phase protective orders, requests to seal or redact are decided by Judge 17 Mueller as discussed in more detail below. In addition, while the assigned magistrate judge 18 handles discovery motions, the magistrate judge cannot change the schedule set in this order, 19 except that the magistrate judge may modify a discovery cutoff to the extent such modification 20 does not have the effect of requiring a change to the balance of the schedule. 21 V. 22 23 MOTION HEARING SCHEDULE This matter will be decided by cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, with briefing as set forth below: 24 - Opening Briefs: June 15, 2018 25 - Opposition Briefs: June 29, 2018 26 - Reply Brief: July 13, 2018 27 - Hearing on Cross Motions: Monday, July 30, 2018 at 10:00 a.m. in 28 Courtroom No. 3. 2 1 VI. SETTLEMENT CONFERENCE 2 The parties shall participate in private mediation, with all costs split equally 3 between the parties. On or before November 30, 2017, the parties shall inform the court, in 4 writing, of the status of the case. If the parties are unable to settle the case during private 5 mediation, they shall inform the court if they then request a court-convened settlement conference 6 or if not they shall propose a briefing schedule to facilitate the court’s determination of the 7 applicable standard of review. 8 X. 9 MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 10 Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court 11 upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute 12 good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does 13 not constitute good cause. 14 As noted, the assigned magistrate judge is authorized to modify only the discovery 15 dates shown above to the extent any such modification does not impact the balance of the 16 schedule of the case. 17 XIII. 18 19 20 21 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: October 11, 2017. 22 23 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 3

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