Lukianczyk v. UNUM Life Ins. Co. of America ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ROBIN LUKIANCZYK, NO. 2:20-cv-00223 WBS CKD 13 Plaintiff, 14 v. 15 UNUM LIFE INSURANCE COMPANY OF AMERICA; SAGEWELL 16 HEALTHCARE BENEFITS TRUST, and Does 1 through 10, 17 inclusive, 18 Defendants. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for May 26, 2020, and makes the following findings and 25 orders without needing to consult with the parties any further. 26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service 28 is permitted without leave of court, good cause having been shown 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon federal question 10 jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise 11 under the Employee Retirement Income Security Act of 1974 12 (“ERISA”), 29 U.S.C. § 1101, et seq. Venue is undisputed and 13 hereby found to be proper. 14 IV. DISCOVERY 15 The parties agreed to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 May 4, 2020. 18 All discovery, including depositions for preservation 19 of testimony, is left open, save and except that it shall be so 20 conducted as to be completed by July 2, 2020. Parties agree that 21 experts are not warranted in this ERISA action. The word 22 “completed” means that all discovery shall have been conducted so 23 that all depositions have been taken and any disputes relevant to 24 discovery shall have been resolved by appropriate order if 25 necessary and, where discovery has been ordered, the order has 26 been obeyed. All motions to compel discovery must be noticed on 27 the magistrate judge’s calendar in accordance with the local 28 rules of this court and so that such motions may be heard (and 1 any resulting orders obeyed) not later than July 2, 2020. 2 V. MOTION HEARING SCHEDULE 3 All motions, except motions for continuances, temporary 4 restraining orders, or other emergency applications, shall be 5 filed on or before August 17, 2020. All motions shall be noticed 6 for the next available hearing date. Counsel are cautioned to 7 refer to the local rules regarding the requirements for noticing 8 and opposing such motions on the court’s regularly scheduled law 9 and motion calendar. 10 VI. FINAL PRETRIAL CONFERENCE 11 Although the parties have proposed a waiver of the 12 Final Pretrial Conference, the court prefers to set one. The 13 Final Pretrial Conference is set for October 13, 2020, at 1:30 14 p.m. in Courtroom No. 5. The conference shall be attended by at 15 least one of the attorneys who will conduct the trial for each of 16 the parties and by any unrepresented parties. 17 Counsel for all parties are to be fully prepared for 18 trial at the time of the Pretrial Conference, with no matters 19 remaining to be accomplished except production of witnesses for 20 oral testimony. Counsel shall file separate pretrial statements, 21 and are referred to Local Rules 281 and 282 relating to the 22 contents of and time for filing those statements. In addition to 23 those subjects listed in Local Rule 281(b), the parties are to 24 provide the court with: (1) a plain, concise statement which 25 identifies every non-discovery motion which has been made to the 26 court, and its resolution; (2) a list of the remaining claims as 27 against each defendant; and (3) the estimated number of trial 28 days. 1 In providing the plain, concise statements of 2 undisputed facts and disputed factual issues contemplated by 3 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 4 that remain at issue, and any remaining affirmatively pled 5 defenses thereto. If the case is to be tried to a jury, the 6 parties shall also prepare a succinct statement of the case, 7 which is appropriate for the court to read to the jury. 8 VII. TRIAL SETTING 9 The bench trial is set for November 17, 2020 at 9:00 10 a.m. The parties estimate that the trial will last one to two 11 days. 12 VIII. SETTLEMENT CONFERENCE 13 A Settlement Conference will be set at the time of the 14 Pretrial Conference. All parties should be prepared to advise 15 the court whether they will stipulate to the trial judge acting 16 as settlement judge and waive disqualification by virtue thereof. 17 Counsel are instructed to have a principal with full 18 settlement authority present at the Settlement Conference or to 19 be fully authorized to settle the matter on any terms. At least 20 seven calendar days before the Settlement Conference counsel for 21 each party shall submit a confidential Settlement Conference 22 Statement for review by the settlement judge. If the settlement 23 judge is not the trial judge, the Settlement Conference 24 Statements shall not be filed and will not otherwise be disclosed 25 to the trial judge. 26 IX. MODIFICATIONS TO SCHEDULING ORDER 27 Any requests to modify the dates or terms of this 28 Scheduling Order, except requests to change the date of the WOAOe COU UV MESO VDD NY aw POI eee PF OY VI 1 trial, may be heard and decided by the assigned Magistrate Judge. 2 All requests to change the trial date shall be heard and decided 3 only by the undersigned judge. 4 IT IS SO ORDERED. 5 Dated: May 22, 2020 he - ak. 6 WILLIAM B. SHUBB 4 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28