Go v. The Prudential Insurance Company of America et al

Filing 21

SCHEDULING ORDER Preliminary Pretrial Conference Statement due by 9/7/2012. Discovery due by 10/15/2012. Motions to be heard by 12/10/2012. Pretrial Conference set for 9/17/2012 11:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 11/22/11. (sis, COURT STAFF) (Filed on 11/22/2011)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
SAN FRANCISCO DIVISION
United States District Court
For the Northern District of California

10
Albert Go,

NO. C 11-05052 JW

11
Plaintiff,

SCHEDULING ORDER

12
v.
13
The Prudential Ins. Co. of Am., et al.,
14
Defendants.
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/

This case is scheduled for a Case Management Conference on November 28, 2011. Instead
of filing a Joint Case Management Statement, the parties have filed a Stipulation for a 60-day stay of
the Case Management Conference. (See Docket Item No. 19.) The parties contend that a stay
should be entered to allow for further administrative review by Defendants of Plaintiff’s claim for
benefits. (Id. at 2.) Upon review, the Court does not find good cause to grant the parties’
Stipulation. Instead, the Court finds that Defendants’ administrative review can be conducted in
tandem with setting this case on a discovery schedule. Accordingly, the Court DENIES the parties’
Stipulation.
However, upon review of the case, the Court finds that it can set a Case Schedule without the
necessity of an appearance by the parties at this time. Accordingly, the Case Management
Conference is VACATED and the parties are ordered to comply with the following schedule:

1

CASE SCHEDULE

2

Close of All Discovery (¶ 9)

October 15, 2012

3

Last Date for Hearing Dispositive Motions (¶ 10)
(.60 days after the Close of All Discovery)

December 10, 2012

Preliminary Pretrial Conference at 11 a.m. (¶ 12)
(.30 days before the Close of All Discovery)

September 17, 2012

5
6

Preliminary Pretrial Conference Statements (¶ 11)
(Due 10 days before conference)

September 7, 2012

4

7
8
9

None of the dates set in this Order may be changed without an order of the Court made after
a motion is filed pursuant to the Civil Local Rules of Court.

United States District Court
For the Northern District of California

10

Standing Order to Lodge Printed Copy of "ECF" Papers

11

1.

In all cases, including cases covered by the Electronic Case Filing System of

12

the Court "ECF," when filing papers in connection with any motion or any pretrial conference, in

13

addition to filing the paper electronically, the filing parties shall lodge with the Clerk's Office a

14

printed copy of the papers, in an envelop clearly marked "Chamber's Copy – Lodged for the

15

Chambers of Judge James Ware." The "Chamber's Copy" envelop must state the case name and case

16

number and be delivered on or before the close of the next court day following the day the papers

17

are filed electronically. See Standing Order Regarding Case Management in Civil Cases.

18

Compliance with Discovery Plan and Reference to Magistrate Judge

19

2.

The parties are ordered to comply with the discovery plan as set forth in the

20

Case Schedule. Any disputes with respect to the implementation of the discovery plan and all

21

disclosure or discovery disputes are referred to the assigned Magistrate Judge. In addition, any

22

disputes pertaining to service or joinder of parties or claims are referred to the assigned Magistrate

23

Judge.

24
25

Document Management During Pretrial Discovery and Electronic Evidence Presentation
3.

This Court has available a digital and video electronic evidence presentation

26

system. Before commencement of pretrial discovery, the parties are ordered to familiarize

27

themselves with the system, and to meet and confer about whether the case will involve voluminous

28

2

1

documentary. If so, as the parties identify documentary material which is likely to be used as trial

2

exhibits, the parties are ordered to electronically store these materials in a fashion which will

3

facilitate displaying them electronically during the trial. The parties are reminded that Civil L.R. 30-

4

2(b) requires sequential numbering of exhibits during depositions and that numbering must be

5

maintained for those exhibits throughout the litigation. Each proposed exhibit shall be pre-marked

6

for identification. All exhibits shall be marked with numerals. The parties shall meet and confer on

7

a division which will avoid duplication (e.g., Plaintiff: 1-99,000; Defendant #1: 100,000-299,999;

8

Defendant #2: 300,000-500,000).

9
United States District Court
For the Northern District of California

10

Disclosure of Expert Witnesses
4.

Any party wishing to present expert witness testimony with respect to a

11

claim or a defense shall lodge with the Court and serve on all other parties the name, address,

12

qualifications, résumé and a written report which complies with Fed. R. Civ. P. 26(a)(2)(B) 63 days

13

before close of discovery. Expert witness disclosure must be made with respect to a person who is

14

either (a) specially retained or specially employed to provide expert testimony pursuant to

15

Fed.R.Evid. 702 or (b) a regular employee or agent or treating physician who may be called to

16

provide expert opinion testimony.

17
18
19

5.

The parties are also required to lodge any supplemental reports to which any

expert will testify at trial in accordance with Fed. R. Civ. P. 26(a)(2)(B).
6.

Any party objecting to the qualifications or proposed testimony of an expert

20

must file, serve and notice a motion to exclude the expert or any portion of the expert's testimony in

21

writing in accordance with Civil Local Rule 7-2, for hearing no later than 42 DAYS AFTER BOTH

22

EXPERT AND REBUTTAL EXPERT DISCLOSURES ON A MONDAY (LAW AND

23

MOTION DAY) at 9:00 a.m. and preferably before or on the same day as the discovery cutoff

24

date at 9:00 a.m.
Rebuttal Expert Witnesses

25
26
27
28

7.

If the testimony of the expert is intended solely to contradict or rebut opinion

testimony on the same subject matter identified by another party, the party proffering a rebuttal
3

1

expert shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B), no later than 49 days

2

prior to discovery cutoff.

3
4

Limitation on Testimony by Expert Witnesses
8.

Unless the parties enter into a written stipulation otherwise, upon timely

5

objection, an expert witness shall be precluded from testifying about any actions or opinions not

6

disclosed prior to the expert’s deposition. This is to ensure that all factual material upon which

7

expert opinion may be based and all tests and reports are completed prior to the expert deposition.

8

Unless application is made prior to the close of expert discovery, each party will be limited to

9

calling only one expert witness in each discipline involved in the case.

United States District Court
For the Northern District of California

10
11

Close of Discovery
9.

Pursuant to Civil L.R. 26-2, all discovery, including supplemental

12

disclosure, depositions of fact witness and expert witnesses, must be completed on or before the

13

deadline set forth in the Case Schedule above.

14
15
16
17
18

Last date for Hearing Dispositive Motions
10.

The last day for hearing dispositive motions is set forth in the Case Schedule

above. Any motions must be noticed in accordance with the Civil Local Rules of this Court.
Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order
11.

The attorneys who will try the case are ordered to confer with one another

19

and to file and lodge with Chambers on or before the deadline set forth in the Case Schedule above a

20

Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order, stating their

21

readiness for trial, the amount of time which the Court should allocate for trial and the calendar

22

period for the trial.

23

12.

24

The attorneys who will try the case are ordered to appear on the date set in

the Case Schedule at 11:00 a.m. for a Preliminary Pretrial and Trial Setting Conference.

25
26
27
28

4

1

13.

With respect to the time allocation for trial, at the Preliminary Pretrial and

2

Trial Setting Conference trial counsel will be asked to stipulate to a time allocation to each side for

3

the trial of the case. Once a stipulated allocation has been entered, the parties must plan their

4

presentations to conform to the stipulated time allocation.

5
6
7

Dated: November 22, 2011
JAMES WARE
United States District Chief Judge

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Allison Anne Vana [e-mail]
Gerald A. Emanuel [e-mail]
Joel P Waelty [e-mail]
Linda Marie Lawson [e-mail]
Randall Alan Constantine [e-mail]

3
4
5

Dated: November 22, 2011

Richard W. Wieking, Clerk

6
7

By: /s/ JW Chambers
Susan Imbriani
Courtroom Deputy

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

6