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Ingalls v. Reliance Standard Life Insurance Company, 2:18-cv-02586-KJM-KJN. (2019)

Court: District Court, E.D. California Number: infdco20190307956 Visitors: 18
Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: STATUS (PRETRIAL SCHEDULING) ORDER KIMBERLY J. MUELLER , District Judge . An initial scheduling conference was held in this case on February 28, 2019. Monica Lienke appeared for plaintiff; Stefan Maurice Cohen appeared for defendant. Having reviewed the parties' Joint Status Report filed on February 7, 2019, and discussed a schedule for the case with counsel at the hearing, the court makes the following orders: I. SERVICE OF PROCESS All named defendants have been served and no further
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STATUS (PRETRIAL SCHEDULING) ORDER

An initial scheduling conference was held in this case on February 28, 2019. Monica Lienke appeared for plaintiff; Stefan Maurice Cohen appeared for defendant.

Having reviewed the parties' Joint Status Report filed on February 7, 2019, and discussed a schedule for the case with counsel at the hearing, the court makes the following orders:

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONALPARTIES/AMENDMENTS/PLEADINGS

No further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. § 1331. Jurisdiction and venue are not disputed. IV. DISCOVERY

Initial disclosures as required by Federal Rule of Civil Procedure 26(a) have been completed. Defendant shall file the administrative record within thirty (30) days of the scheduling conference, and any discovery shall be completed on or before June 28, 2019. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court. While the assigned magistrate judge reviews proposed discovery phase protective orders, requests to seal or redact are decided by Judge Mueller as discussed in more detail below. In addition, while the assigned magistrate judge handles discovery motions, the magistrate judge cannot change the schedule set in this order, except that the magistrate judge may modify a discovery cutoff to the extent such modification does not have the effect of requiring a change to the balance of the schedule.

V. MOTION HEARING SCHEDULE

This matter will be decided by cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure.

— Initial moving papers: August 16, 2019 — Oppositions: August 30, 2019 — Replies: September 13, 2019 — Hearing on Cross motions: October 4, 2019

VI. SETTLEMENT CONFERENCE

The parties will engage in informal settlement discussions and inform the court on or before May 10, 2019 on the status of those discussions.

No court-convened settlement conference is currently scheduled. A settlement conference may be set at the time of the Final Pretrial Conference or at an earlier time at the parties' request. In the event that an earlier court settlement conference date or referral to the Voluntary Dispute Resolution Program (VDRP) is requested, the parties shall file said request jointly, in writing.

Counsel are instructed to have a principal with full settlement authority present at any Settlement Conference or to be fully authorized to settle the matter on any terms. Each judge has different requirements for the submission of settlement conference statements; the appropriate instructions will be sent to you after the settlement judge is assigned.

VII. MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER

The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does not constitute good cause.

As noted, the assigned magistrate judge is authorized to modify only the discovery dates shown above to the extent any such modification does not impact the balance of the schedule of the case.

VIII. OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER

This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order.

IT IS SO ORDERED.

Source:  Leagle

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