Tarasovsky v. Stratify, Inc. Group Short Term Disability Plan and Long Term Disability Plan et al

Filing 50

FINAL PRETRIAL ORDER. Signed by Judge Alsup on December 18, 2012. (whalc1, COURT STAFF) (Filed on 12/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERNEST TARASOVSKY,

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For the Northern District of California

United States District Court

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No. C 11-03359 WHA

Plaintiff,
v.

FINAL PRETRIAL ORDER

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STRATIFY, INC. GROUP SHORT TERM
DISABILITY PLAN AND LONG TERM
DISABILITY PLAN, et al.,

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Defendants.

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FOR GOOD CAUSE and after a final pretrial conference, the Court issues the

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following final pretrial order:
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In lieu of a live bench trial, the parties agree that the matter will be tried based on

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written briefing and a documentary trial record submitted by the parties. The prior trial date of

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January 7 is accordingly VACATED.

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2.

The parties shall prepare a stipulated, joint appendix of exhibits and recorded

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testimony. This joint appendix, together with the administrative record already lodged with the

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Court, shall constitute the complete the trial record. The parties have WAIVED all evidentiary

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objections of any type to the trial record.

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3.

Plaintiff’s trial brief, the joint appendix, and defendants’ opening brief amended

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to contain correct cites to the trial record shall be submitted by JANUARY 3 AT NOON. The

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parties may file rebuttal briefs no longer than five pages in length by JANUARY 17 AT NOON.

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4.

Following submission of the parties’ rebuttal briefs, the matter shall be

considered fully submitted on the papers.

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IT IS SO ORDERED.

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Dated: December 18, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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