Maraldo et al v. LIfe Insurance Company of the Southwest et al

Filing 83

SCHEDULING AND PRETRIAL ORDER [AS MODIFIED BY THE COURT], ORDER REFERRING CASE to Early Neutral Evaluation to be completed by 1/31/13. Amended Complaint due by 10/12/2012. Non-Expert Discovery cutoff is 9/24/2013. Dispositive Motions filed by 1/14/2 014. Case Management Conference set for 2/25/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland. Motion for Class Certification Hearing set for 8/27/2013 02:00 PM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 10/10/12. (fs, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND BRANCH

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MICHAEL J. MARALDO and
STEPHEN J. MARALDO,

)
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Plaintiffs,
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vs.
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LIFE INSURANCE COMPANY OF THE
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SOUTHWEST a/k/a “LSW”, EQUITA
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FINANCIAL AND INSURANCE SERVICES, )
and DOES 1 through 100,
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Defendants.
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Case No. C 11-04972-YGR
[PROPOSED] SCHEDULING AND
PRETRIAL ORDER (AS MODIFIED BY
THE COURT)

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The Court, having reviewed the parties’ Joint Case Management Statement and having
conducted a case management conference on October 1, 2012 pursuant to Fed. R. Civ. P. 16 and
N.D. Cal. Civil L.R. 16, hereby ORDERS that:

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1.

Pre-Discovery Disclosures. To the extent not already served, the parties will

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exchange by October 15, 2012 the information required by Fed. R. Civ. P. 26(a)(1).
2.

Fact Discovery.
a.

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December 1, 2012.1

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All requests for discovery of electronic documents shall be made no later than

b.
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All fact discovery shall be completed by September 24, 2013.

Class Certification.

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a.

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Plaintiffs shall file any motion for class certification no later than June 25,
2013.

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This date was not addressed in Court during the CMC, but has been agreed to by the parties.
[PROPOSED] SCHEDULING ORDER
CASE NO. C 11-04972-YGR

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b.

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Defendants shall oppose any motion for class certification no later than July
23, 2013.

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c.

Plaintiffs shall file any reply memorandum in support of a motion for class

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certification no later than August 6, 2013.
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d.

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2013 at 2:00 p.m.

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A hearing on any motion for class certification shall be held on August 27,

4.

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Expert Discovery.
a.

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Plaintiffs shall identify any expert witnesses and serve expert reports pursuant
to Fed. R. Civ. P. 26(a)(2) no later than October 22, 2013.

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b.

Defendants shall identify any expert witnesses and serve expert reports

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pursuant to Fed. R. Civ. P. 26(a)(2) no later than November 19, 2013.

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c.

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5.

All expert discovery shall be completed by December 17, 2013.

Amendment of Pleadings. Plaintiffs shall file a motion for leave to amend their

Second Amended Complaint, if any, by October 12, 2012.
6.

Summary Judgment. The parties shall file any motion for summary judgment by

January 14, 2014.

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7.

ADR. The parties are ordered to participate in Early Neutral Evaluation (“ENE”)

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pursuant to ADR Local Rule 5 to be completed by January 31, 2013.
8.

Subsequent Case Management Conferences. A case management conference will

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be held on February 25, 2013 at 2:00 p.m. The parties shall file a joint case management statement

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on February 11, 2013.

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9.

Pretrial Conference. The Court will hold a pretrial conference at a date to be

determined.
Respectfully submitted,
-2[PROPOSED] SCHEDULING ORDER
CASE NO. C 11-04972-YGR

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/s/ Jonathan A. Shapiro

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JONATHAN A. SHAPIRO (257199)
WILMER CUTLER PICKERING HALE AND
DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]
Fax: [phone]
[e-mail]

MICHAEL D. MEADOWS
CASPER, MEADOWS, SCHWARTZ & COOK
A PROFESSIONAL CORPORATION
California Plaza
2121 N. California Blvd., Suite 1020
Walnut Creek, Ca 94596
[e-mail]

ANDREA J. ROBINSON (PRO HAC VICE)
TIMOTHY J. PERLA (PRO HAC VICE)
JAMES T. LUX (PRO HAC VICE)
ANDREW S. DULBERG (PRO HAC VICE)
WILMER CUTLER PICKERING HALE AND
DORR LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

AUSTIN P. TIGHE, JR.
FEAZELL & TIGHE, L.L.P.
6618 Sitio Del Rio Blvd., Building C-101
Austin, Tx 78730
[e-mail]

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/s/ Michael D. Meadows

Attorneys for Plaintiffs Michael J. Maraldo and
Stephen J. Maraldo

Attorneys for Defendant Life Insurance
Company of the Southwest

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/s/ Philip Anthony Toomey

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PHILIP ANTHONY TOOMEY
CARICO JOHNSON TOOMEY, LLP
841 Apollo Street, Suite 450
El Segundo, Ca 90245
[e-mail]

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Attorney for Equita Financial and Insurance
Services, Inc., a Texas Corporation

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-3[PROPOSED] SCHEDULING ORDER
CASE NO. C 11-04972-YGR

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ORDER
Subject to the modifications by the Court, the above scheduling order submitted by the
parties is SO ORDERED in this action.
Dated: October 9, 2012
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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-4[PROPOSED] SCHEDULING ORDER
CASE NO. C 11-04972-YGR