MORRISON C. ENGLAND, Jr., Chief District Judge.
After reviewing the parties' Joint Status Report, the Court makes the following Scheduling Order.
All named Defendants have been served and no further service is permitted without leave of court, good cause having been shown.
No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.
Jurisdiction is predicated upon 28 U.S.C. section 1331. Jurisdiction and venue are not contested.
This case is governed by ERISA, therefore, all evidence for trial will be limited to the administrative record. The parties may move to admit evidence outside the administrative record. Defendant shall provide Plaintiff a copy of the entire administrative record by
The parties' opening briefs shall be filed by
All purely legal issues are to be resolved by timely pretrial motions. Failure to comply with Local Rules 230 and 260, as modified by this Order, may be deemed consent to the motion and the Court may dispose of the motion summarily. Further, failure to timely oppose a summary judgment motion
The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing to the Court setting forth any and all reasons for any increase in page limit at least fourteen (14) days prior to the filing of the motion.
For the Court's convenience, citations to the Supreme Court Lexis database should include parallel citations to the Westlaw database.
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Scheduling Order shall not be modified except by leave of court upon a showing of good cause. Agreement by the parties pursuant to stipulation alone to modify the Scheduling Order does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel will not constitute good cause.
This Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days of service of this Order.