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 August 5, 2019, and makes the following
findings and orders without needing to consult with the
parties any further.
SERVICE OF PROCESS
defendants have 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. 1992).
is predicated upon federal question jurisdiction, 28 U.S.C.
§ 1331, because plaintiff's claims are covered by
the Employee Retirement Income Security Act of 1974
(“ERISA”), 29 U.S.C § 1132 et seq. Venue is
undisputed and hereby found to be proper.
court understands that this is an ERISA case where discovery
is generally limited to the material contained in the
administrative record. Nevertheless, because the parties
disagree as to whether there should be discovery beyond the
production of the administrative record, the court includes
all the deadlines it typically does.
parties shall serve initial disclosures required by Federal
Rule of Civil Procedure 26(a)(1) on or before September 4,
parties shall disclose experts and produce reports in
accordance with Federal Rule of Civil Procedure 26(a)(2) by
no later than October 11, 2019. With regard to expert
testimony intended solely for rebuttal, those experts shall
be disclosed and reports produced in accordance with Federal
Rule of Civil Procedure 26(a)(2) on or before November 8,
parties have not suggested why they need a substantial amount
of time for discovery. Accordingly, 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 December 13, 2019. 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 ...