Filed: Aug. 22, 2018
Latest Update: Aug. 22, 2018
Summary: CASE MANAGEMENT AND PRETRIAL ORDER YVONNE GONZALEZ ROGERS , District Judge . The Court has read and reviewed the parties' Joint Case Management Conference Statement. (Dkt. No. 22). Given that this case arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001, et seq., the Court will not set a date for a bench trial until briefing on cross motions under Federal Rule of Civil Procedure 56 is completed. 1 If required, a bench trial can be scheduled on a
Summary: CASE MANAGEMENT AND PRETRIAL ORDER YVONNE GONZALEZ ROGERS , District Judge . The Court has read and reviewed the parties' Joint Case Management Conference Statement. (Dkt. No. 22). Given that this case arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001, et seq., the Court will not set a date for a bench trial until briefing on cross motions under Federal Rule of Civil Procedure 56 is completed. 1 If required, a bench trial can be scheduled on a f..
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CASE MANAGEMENT AND PRETRIAL ORDER
YVONNE GONZALEZ ROGERS, District Judge.
The Court has read and reviewed the parties' Joint Case Management Conference Statement. (Dkt. No. 22). Given that this case arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq., the Court will not set a date for a bench trial until briefing on cross motions under Federal Rule of Civil Procedure 56 is completed.1 If required, a bench trial can be scheduled on a fairly expedited basis. In light of the instant order, the Court hereby VACATES the case management conference currently set for Monday, August 27, 2018 and SETS a new case management conference as stated herein. An earlier conference can be rescheduled if requested.
Defendant shall preserve the administrative record and lodge the same with the Court twenty-eight days after the close of discovery.
PRETRIAL SCHEDULE
LAST DAY TO AMEND PLEADINGS/ADD PARTIES September 7, 2018
REFERRAL TO ADR; LAST DAY TO CONDUCT Referred to Private Mediation
PRIVATE MEDIATION
December 21, 2018
CASE MANAGEMENT CONFERENCE: Monday, January 14, 2019 at 2:00 p.m.
DISCOVERY CUTOFF February 28, 2019
PLAINTIFF TO FILE AFFIRMATIVE MOTION FOR
JUDGMENT: April 16, 2019
DEFENDANT TO FILE A SINGLE/JOINT MOTION
OPPOSING PLAINTIFF'S MOTION WITH ITS OWN May 7, 2019
CROSS-MOTION FOR JUDGMENT:
PLAINTIFF TO FILE A REPLY A SINGLE/JOINT REPLY
IN SUPPORT OF HIS/HER MOTION WITH AN May 21, 2019
OPPOSITION TO THE CROSS-MOTION:
DEFENDANT TO FILE A REPLY IN SUPPORT OF THE
CROSS-MOTION ONLY: May 28, 2019
HEARING June 18, 2019 at 2:00 p.m.
The parties are REFERRED to private mediation to be completed by December 21, 2018. The parties shall provide the Court with the name of an agreed-upon mediator by September 7, 2018 by filing a JOINT Notice. A compliance hearing regarding shall be held on Friday, September 14, 2018 on the Court's 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 1. By September 7, 2018, the parties shall file either the JOINT Notice or a one-page JOINT STATEMENT setting forth an explanation for their failure to comply. If compliance is complete, the parties need not appear and the compliance hearing will be taken off calendar. Telephonic appearances will be allowed if the parties have submitted a joint statement in a timely fashion.
The parties must comply with both the Court's Standing Order in Civil Cases and Standing Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All Standing Orders are available on the Court's website at http://www.cand.uscourts.gov/ygrorders.
IT IS SO ORDERED.