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Peaua v. Hartford Life and Accident Insurance Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 4, 2010

KATHLEEN PEAUA, PLAINTIFF,
v.
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, DEFENDANT.

STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for March 8, 2010.

I. SERVICE OF PROCESS

The named defendant has 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 federal question jurisdiction, 28 U.S.C. § 1331, and the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve the initial disclosures required by Federal Rule of Civil Procedure 26 (a)(1) by April 5, 2010.

The parties shall disclose any experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than July 20, 2010.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by September 20, 2010. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant 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 and so that such motions may be heard (and any resulting orders obeyed) not later than September 20, 2010.

V. MOTION HEARING SCHEDULE

All motions, except the parties' anticipated cross-motions for judgment under Federal Rule of Civil Procedure 52, motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before October 4, 2010. 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.

VI. FINAL PRETRIAL CONFERENCE

The parties agree that the matter should be resolved by a bench trial pursuant to Federal Rule of Civil Procedure 52 and have requested that the court waive the Final Pretrial Conference. The court, however, will schedule a pretrial conference to confirm the trial date and briefing schedule. A Final Pretrial Conference is therefore set for October 18, 2010, at 2:00 p.m. in Courtroom No. 5. After receiving the parties' pretrial statements, the court may issue a Final Pretrial Order without requiring appearances at the Final Pretrial Conference. If, however, the court does not do so, the conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

Two weeks before the Final Pretrial Conference, each party shall file a separate pretrial statement. The parties' pretrial statements need only 1) identify the factual, legal, and evidentiary issues that the court must resolve at trial; 2) propose a schedule for filing trial briefs and any supplements to the administrative record; and 3) estimate the amount of time needed for the bench trial. The parties are cautioned that, with the expedited trial they have requested, opening briefs would be due on November 2, 2010 and reply briefs would be due on November 23, 2010.

VII. TRIAL SETTING

The bench trial is set for December 14, 2010, at 9:00 a.m. The parties anticipate that the bench trial will last half of one court day.

VIII. SETTLEMENT CONFERENCE

A Settlement Conference will be set at the time of the Pretrial Conference. All parties should be prepared to advise the court whether they will stipulate to the trial judge acting as settlement judge and waive disqualification by virtue thereof.

Counsel are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. At least seven calendar days before the Settlement Conference counsel for each party shall submit a confidential Settlement Conference Statement for review by the settlement judge. If the settlement judge is not the trial judge, the Settlement Conference Statements shall not be filed and will not otherwise be disclosed to the trial judge.

IX. MODIFICATIONS TO SCHEDULING ORDER

Any requests to modify the dates or terms of this Scheduling Order, except requests to change the date of the trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the trial date shall be heard and decided only by the undersigned judge.

20100304

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