IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 14, 2009
JOSEPH NEARY, PLAINTIFF,
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.
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: email@example.com.
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.