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Beals v. Metropolitan Life Insurance Co.

January 9, 2009

SHERRIE BEALS, PLAINTIFF,
v.
METROPOLITAN LIFE INSURANCE COMPANY, MERRILL LYNCH & CO., AND DOES 1 TO 100, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for January 12, 2009, and makes the following findings and orders without needing to consult with the parties any further.

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 under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 29 U.S.C. § 1001-1461 (Employee Retirement Income Security Act). Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than January 14, 2009.

The parties agree that experts are not warranted and therefore the disclosures contemplated by Federal Rule of Civil Procedure 26(a)(2) are inapplicable.

The parties agree that discovery is not authorized in this case because the court will decide it based only on the administrative record. Defendants shall provide plaintiff with a copy of the administrative record no later than January 14, 2009.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before July 7, 2009. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.

Accordingly, such motions shall be filed on or before July 7, 2009. Each party's opposition shall be filed on or before July 21, 2009, and each party's reply shall be filed on or before July 28, 2009. Oral argument on the cross-motions for summary judgment will be heard on August 11, 2009. ...


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