Ortega v. Ogden Clinic

Filing 24

MEMORANDUM DECISION and Ordergranting 19 Motion for Summary Judgment. See Order for details. Signed by Judge Clark Waddoups on 12/1/14. (jmr) (Additional attachment(s) added on 12/1/2014: # 1 Correct Order) (jmr).

Marcie E. Schaap, #4660
ATTORNEY AT LAW, P.C.
1523 E. Spring Lane
Salt Lake City, UT 84117
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]
Attorney for Plaintiff
______________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
______________________________________________________________________________
IHC HEALTH SERVICES, INC., dba
INTERMOUNTAIN MEDICAL CENTER,
Plaintiff,
v.
KAISER FOUNDATION HEALTH
PLANS, INC.,
Defendant.

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SCHEDULING ORDER

Case No. 2:14-cv-0122-CW-EJF
Judge Clark Waddoups
Magistrate Judge Evelyn J. Furse

Pursuant to Fed.R. Civ P. 16(b), the Judge received the Attorneys= Planning Report filed
by counsel. The following matters are scheduled. The times and deadlines set forth herein
may not be modified without the approval of the Court and on a showing of good cause.
IT IS ORDERED:

**ALL TIMES 4:30 PM UNLESS INDICATED**
1.

PRELIMINARY MATTERS
Nature of claim(s) and any affirmative defenses:
Unpaid ERISA medical benefits.

DATE

a.

Was Rule 26(f)(1) Conference held?

11/04/14

b.

Has Attorney Planning Meeting Form been submitted?

11/04/14

c.

Was 26(a)(1) initial disclosure completed? Joint

11/25/14

Administrative Record to be submitted no later than -

2.

DISCOVERY LIMITATIONS

a.

The parties agree that this case is governed by
the Employee Retirement Income Security Act of
1974, 29 U.S.C. ' 1001 et seq (AERISA@).
However, the parties disagree about the extent to
which, if at all, the plaintiff may conduct
discovery. The plaintiff contends that case law
and ERISA permit discovery if the defendants
have failed to provide a complete response to
requests for information made during the
pre-litigation appeal by the plaintiff and/or to the
extent any conflict of interest by the defendants
affected the decision making process in the case.
Defendants contend that this case should be
decided on the administrative record without any
supplementation. By entering into this report,
the parties do not waive their right to object to
any discovery or designation of witnesses on
these grounds.
In the event there is a dispute as to the
completeness of the administrative record and/or
the necessity for or permissibility of discovery, a
party may bring a motion with the court within
45 days of the production of initial disclosures
(which shall include the entire administrative
record) to have such issues determined by the
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court. The motion shall include such discovery
as is proposed and a memorandum supporting
the proposed discovery.

b.

Discovery of electronically stored information should be handled as follows:
no agreement between the parties

c.

Claim of privilege or protection as trial preparation material asserted after
production shall be handled as follows: No agreement between the parties.

DATE
3.

AMENDMENT OF PLEADINGS/ADDING PARTIES
a.

02/03/15

b.
4.

Last Day to File Motion to Amend Pleadings
Last Day to File

02/03/15

Motion to Add Parties

RULE 26(a)(2) REPORTS FROM EXPERTS
a.

n/a

b.

Defendant

08/07/15

c.
5.

Plaintiff

Counter reports

n/a

OTHER DEADLINES
a.

Discovery to be completed by:
Fact discovery

07/07/15

Expert discovery

09/04/15

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b.

(optional) Final date for supplementation of disclosures and
discovery under Rule 26 (e)

c.
d.

6.

Deadline for filing dispositive or potentially dispositive
motions
If the parties do not intend to file dispositive or
potentially dispositive motions, a scheduling
conference will be held for purposes of setting a trial
date.

09/25/15
3:00 pm
10/01/15

SETTLEMENT/ ALTERNATIVE DISPUTE RESOLUTION
a.

No

b.

Referral to Court-Annexed Arbitration

No

c.

Evaluate case for Settlement/ADR on

07/03/15

d.
7.

Referral to Court-Annexed Mediation

Settlement probability:

Fair

TRIAL AND PREPARATION FOR TRIAL:
At the time of argument on motions for summary
judgment, the court will discuss the scheduling of trial.
Counsel should come to the hearing prepared to discuss
possible trial dates. If the schedule set forth herein is not
extended, the parties can generally expect that trial will
be set sometime during the 2nd quarter of 2016.

8.

OTHER MATTERS:
Counsel should contact chambers staff of the judge presiding in the case regarding
Daubert and Markman motions to determine the desired process for filing and
hearing of such motions. All such motions, including Motions in Limine should
be filed well in advance of the Final Pre Trial. Unless otherwise directed by the
court, any challenge to the qualifications of an expert or the reliability of expert
testimony under Daubert must be raised by written motion before the final pre-trial

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conference.
Signed December 1

, 2014.

BY THE COURT:

_____________________________
Evelyn J. Furse
U.S. Magistrate Judge

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