Gould v. Canada Life Assurance Company et al

Filing 9

ORDER granting in part and denying in part 8 Motion to Vacate or Modify to Address Preliminary Issues Pertinent to a non-ERISA LTD insurance claim. by Judge Marcia S. Krieger on 4/22/09.(msksec, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 09-cv-00766-MSK-MJW EARL J. GOULD, Plaintiff, v. THE CANADA LIFE ASSURANCE COMPANY, a foreign corporation; and THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, an Indiana corporation, Defendants. AMENDED ORDER SETTING HEARING UNDER FED.R.CIV.P. 16 THIS MATTER comes before the Court on Plaintiff's Motion to Vacate or Modify to Address Preliminary Issues Pertinent to a non-ERISA LTD insurance claim (Motion) (#8) filed April 21, 2009. Having reviewed the Motion, IT IS HEREBY ORDERED that the Motion is GRANTED in part and DENIED in part. The Motion is DENIED as to vacation of the Rule 16 hearing. In court hearing remains set for June 11, 2009, at 4:00 p.m., United States District Court for the District of Colorado, Courtroom A901, 901 19th Street, Alfred A. Arraj U.S. Courthouse, Denver, Colorado. The Motion is GRANTED as to the request for modification and the Court's previous Order at docket entry #2 is AMENDED as follows: 1. 2. Parties shall appear by counsel, or if unrepresented appear in person; At least twenty-one (21) days prior to the conference, counsel (or a pro se party) shall confer to discuss the matters identified in FED. R. CIV. P. 16(c). These include but are not limited to:

a. b. c. d. e. f. g. h. i. j. 3.

Necessity of joinder of any party; Need for any amendments to pleadings; Whether resolution by summary judgment is likely; Discovery needs and scheduling; Prospects for settlement; Personal and subject matter jurisdictions; Identification of legal and factual issues; Length of trial; Referral of action to the Magistrate Judge; and Such other matters as any party considers conducive to the just, speedy, and inexpensive determination of this action.

At this hearing, counsel should be prepared to advise the Court as to what procedure should be used to best facilitate the just, speedy and inexpensive determination of this action.

DATED this 22nd day of April, 2009. BY THE COURT:

Marcia S. Krieger United States District Judge