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Neary v. Cardinal Health

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 14, 2009

JOSEPH NEARY, PLAINTIFF,
v.
CARDINAL HEALTH, INC. GROUP DISABILITY PLAN, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STATUS (PRETRIAL SCHEDULING) ORDER

The status (pretrial scheduling) conference scheduled for January 20, 2009, is vacated since the parties' Joint Status Report ("JSR") indicates that the following Order should issue.*fn1

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court, good cause having been shown.

DISCOVERY

The parties dispute whether discovery outside the administrative record should be allowed. A party desiring discovery shall file a motion that seeks specified discovery so it is duly noticed to be heard no later than March 23, 2009, at 9:00 a.m.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be October 13, 2009, at 9:00 a.m.*fn2

FINAL PRETRIAL CONFERENCE

The final pretrial conference is set for December 7, 2009, at 3:30 p.m. The parties are cautioned that the lead attorney who WILL TRY THE CASE for each party shall attend the final pretrial conference. In addition, all persons representing themselves and appearing in propria persona must attend the pretrial conference.

The parties shall file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference.*fn3

The joint pretrial statement shall specify the issues for trial and shall estimate the length of the trial. The Court uses the parties' joint pretrial statement to prepare its final pretrial order and could issue the final pretrial order without holding the scheduled final pretrial conference.

If possible, at the time of filing the joint pretrial statement counsel shall also email it in a format compatible with WordPerfect to: geborders@caed.uscourts.gov.

TRIAL SETTING

Trial is set for January 20, 2010, commencing at 9:00 a.m.

VOLUNTARY DISPUTE RESOLUTION PROGRAM ("VDRP")

Since the parties consent to VDRP, this matter is referenced to VDRP.


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