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Hernandez v. Hartford Life Insurance Co.

United States District Court, E.D. California

June 24, 2016

JEMIAH HERNANDEZ, Plaintiff,
v.
HARTFORD LIFE INSURANCE COMPANY and DOES 1-100, Defendants.

          STATUS (PRETRIAL SCHEDULING) ORDER

          WILLIAM B.SHUBB UNITED STATES DISTRICT JUDGE

         After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for July 5, 2016, and makes the following findings and orders without needing to consult with the parties any further.

         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, because plaintiff's claim arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Venue is undisputed and is hereby found to be proper.

         IV. DISCOVERY

         The parties dispute whether any discovery is proper under a de novo standard of review in this ERISA action. The court, however, will determine the relevance of any non-administrative record evidence when resolving a motion for summary judgment or the bench trial. The parties may therefore "obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." Fed.R.Civ.P. 26(b)(1).

         Pursuant to Federal Rule of Civil Procedure 26 (a)(1), the parties agree that initial disclosures shall be served by June 24, 2016. Defendant will file the administrative record by December 1, 2016.

         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 30, 2016. 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 30, 2016.

         The court will waive the pre-trial requirements in Eastern District Local Rules 281-283, 285, and 290 for a pretrial statement, pretrial conference, witness lists, exhibit lists, and trial briefs as the parties do not anticipate calling live witnesses or experts and expect that the evidence presented at trial will consist solely of the administrative record and ...


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