United States District Court, E.D. California
STATUS (PRETRIAL SCHEDULING) ORDER
WILLIAM B.SHUBB UNITED STATES DISTRICT JUDGE
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
SERVICE OF PROCESS
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).
JOINDER OF PARTIES/AMENDMENTS
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.
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.
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).
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.
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.
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 ...