Jackson National Life Insurance Company v. Lim ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACKSON NATIONAL LIFE Case No. 1:23-cv-00442-CDB INSURANCE COMPANY, 12 SCHEDULING ORDER (Fed. R. Civ. P. 16) Plaintiff, 13 Discovery Deadlines: v. -Amend Pleadings: April 26, 2024 14 -Expert Disclosures: November 22, 2024 BI BI LIM, et al., -Rebuttal Expert Disclosures: December 13, 2024 15 -Fact Discovery: October 25, 2024 Defendants. -Expert Discovery: January 24, 2025 16 -Mid-Discovery Status Conference: August 29, 2024, at 10:00 a.m., in Bakersfield Federal 17 Courthouse 510 19th Street, Bakersfield, CA 93301 18 Non-Dispositive Motion Deadlines: -Filing: February 7, 2025 19 -Hearing: March 11, 2025, at 10:30 a.m., in Bakersfield Federal Courthouse 20 Dispositive Motion Deadlines: 21 -Filing: March 24, 2025 -Hearing: May 7, 2025, at 22 1:30 p.m., in Bakersfield Federal Courthouse 23 Pre-Trial Conference: June 20, 2025, at 10:30 a.m., in Bakersfield Federal Courthouse 24 Trial: August 11, 2025, at 8:30 a.m., in Bakersfield 25 Federal Courthouse 26 27 28 1 On March 23, 2023, Plaintiff Jackson National Life Insurance Company (“Plaintiff”) initiated 2 this action with the filing of a complaint in interpleader. (Doc. 1). Plaintiff filed a motion for leave to 3 deposit proceeds for attorney fees and costs for discharge from liability and for dismissal with 4 prejudice on October 6, 2023. (Doc. 33). On February 15, 2024, Plaintiff deposited the interpleader 5 funds into the Court registry. See (Doc.). 6 On February 21, 2024, the Court issued an order granting in part and denying in part Plaintiff’s 7 motion. (Doc. 45). The Court enjoined and restrained Defendants from instituting or prosecuting 8 further any proceeding in any state or United States court, including this Court, either at law or in 9 equity against Plaintiff regarding the life insurance proceeds underlying this action, until further order 10 from the Court. Id. at 10-11. The Court discharged Plaintiff from further liability under 28 U.S.C. § 11 2361, granted Plaintiff’s request for costs, and dismissed Plaintiff from this action without prejudice. 12 Id. at 11. 13 On February 23, 2024, the parties convened via Zoom videoconference for a scheduling 14 conference before Magistrate Judge Christopher D. Baker. Kevin Hatanian appeared on behalf of 15 Defendants Bi Bi Lim, Winston Lim, Celestine Lim, Venancio Lim, Willie Lim, and Peterson Lim.1 16 Justin L. Thomas appeared on behalf of Defendants Kyi Aung and Crystal Aung. 17 I. Pleading Amendment 18 Any motions to amend the pleadings must be filed by April 26, 2024. The parties should not 19 construe a timely filing of a motion or stipulation requesting leave to amend the pleadings to 20 necessarily constitute good cause to modify the existing schedule, if necessary. All proposed 21 amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment 22 requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 23 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment 24 is not (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or 25 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 26 27 1 On June 16, 2023, Plaintiff filed a notice of suggestion of death as to Defendant Winston 28 Lim. (Doc. 17). On February 21, 2024, the Court directed the parties to file any notice of suggestion of Defendant Winston Lim’s death with the proper service of notice. (Doc. 46). 1 II. Discovery Plan and Cut-Off Date 2 The parties are ordered to complete all discovery pertaining to non-experts on or before 3 October 25, 2024, and all discovery pertaining to experts on or before January 24, 2025. 4 The parties are directed to disclose all expert witnesses, in writing, on or before November 22, 5 2024, and to disclose all rebuttal experts on or before December 13, 2024. The written designation of 6 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 7 and (C) and shall include all information required thereunder. Failure to designate experts in 8 compliance with this order may result in the Court excluding the testimony or other evidence offered 9 through such experts that are not disclosed pursuant to this order. 10 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 11 experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 12 included in the designation. Failure to comply may result in the imposition of sanctions, which may 13 include striking the expert designation and preclusion of expert testimony. 14 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 15 disclosures and responses to discovery requests will be strictly enforced. 16 A mid-discovery status conference is scheduled for August 29, 2024, at 10:00 a.m. before 17 Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status conference 18 report no later than one week before the conference. Counsel also SHALL lodge the status report via 19 e-mail to CDBorders@caed.uscourts.gov. The joint status report SHALL outline the discovery 20 counsel have completed and that which needs to be completed as well as any impediments to 21 completing the discovery within the deadlines set forth in this order. Counsel SHALL discuss 22 settlement and certify in the joint status report (1) that they have met/conferred regarding settlement, 23 and (2) proposed dates for convening a settlement conference with an unassigned magistrate judge. 24 III. Pre-Trial Motion Schedule / Informal Discovery Dispute Conferences 25 All non-dispositive pre-trial motions, including any discovery motions, shall be filed by 26 27 28 1 February 7, 20252 and heard on or before March 11, 2025. For these hearings and at the direction of 2 the Courtroom Deputy Clerk, the Court may direct counsel to appear remotely (via Zoom). For 3 hearings noticed to occur in-person, the Court may permit counsel to appear remotely (via Zoom) 4 provided the Courtroom Deputy Clerk receives a written notice of the request to appear remotely no 5 later than five court days before the noticed hearing date. 6 No motion to amend or stipulation to amend the case schedule will be entertained unless it is 7 filed at least three days before the first deadline the parties wish to extend. 8 No written discovery motions shall be filed without the prior approval of Judge Baker. A party 9 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 10 agreement the issues in dispute. If that good faith effort is unsuccessful, the requesting party promptly 11 shall seek a conference with all involved parties and Judge Baker. To schedule this conference, the 12 parties should contact the Courtroom Deputy Clerk, Susan Hall, at (661) 326-6620 or via email at 13 SHall@caed.uscourts.gov. At least two days before the conference, counsel SHALL file a joint, 14 informal letter brief detailing each party’s position. Each party’s narrative shall not exceed three 15 pages, excluding exhibits. At the commencement of the conference, if the parties jointly agree to 16 Judge Baker’s consideration and resolution of the discovery disputes outside the formal Local Rule 17 251 procedures, the Court will entertain arguments by the parties and issue a ruling. If the parties do 18 not jointly agree to the informal discovery dispute resolution procedures set forth herein, the 19 requesting party may then seek relief through motion to compel. Counsel must comply with Local 20 Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and 21 dropped from the Court’s calendar. 22 All dispositive pre-trial motions shall be filed no later than March 24, 2025, and heard on or 23 before May 7, 2025. Motions are heard before Judge Baker at 10:30 a.m., at the United States District 24 Courthouse, 510 19th Street, Bakersfield, CA. 25 26 27 2 Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable 28 time of discovery of the dispute, but in no event later than 30 days after the expiration of the non-expert discovery deadline. 1 IV. Motions for Summary Judgment or Summary Adjudication 2 At least 21 days before filing a motion for summary judgment or motion for summary 3 adjudication, the parties SHALL meet, in person or by telephone, to confer about the issues to be 4 raised in the motion. 5 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 6 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 7 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 8 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 9 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 10 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 11 statement of undisputed facts at least five days before the conference. The finalized joint statement 12 of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 13 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 14 statement of undisputed facts. 15 In the notice of motion, the moving party SHALL certify that the parties have met and 16 conferred as ordered above, or set forth a statement of good cause for the failure to meet and confer. 17 Failure to comply may result in the motion being stricken. 18 V. Pre-Trial Conference 19 June 20, 2025, at 10:30 a.m., located at the United States District Courthouse, 510 19th Street, 20 Bakersfield, CA, before Judge Baker. 21 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The 22 parties are further directed to submit a digital copy of their pretrial statement in Word format, directly 23 to Judge Baker’s chambers, by email at CDBorders@caed.uscourts.gov. 24 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern District 25 of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will 26 insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules, 27 the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to 28 explain the nature of the case to the jury during voir dire. 1 VI. Trial Date 2 August 11, 2025, at 8:30 a.m., located at the United States District Courthouse, 510 19th 3 Street, Bakersfield, CA, before Judge Baker. 4 A. This is a jury trial. 5 B. Counsels’ Estimate of Trial Time: 3 days 6 C. Counsels’ attention is directed to Local Rules of Practice for the Eastern District of 7 California, Rule 285. 8 VII. Settlement Conference 9 The parties SHALL meet and confer and notify the Court prior to the Pre-Trial Conference 10 whether they wish to convene a Settlement Conference. In the event the parties request a Settlement 11 Conference, unless otherwise permitted in advance by the Court, the attorneys who will try the case 12 shall appear at the settlement conference with the parties and the person or persons having full 13 authority to negotiate and settle the case on any terms3 at the conference. Consideration of settlement 14 is a serious matter that requires preparation prior to the settlement conference. Set forth below are the 15 procedures the Court will employ, absent good cause, in conducting the conference. 16 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to 17 Defendant via fax or e-mail, a written itemization of damages and a meaningful4 settlement demand 18 which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 19 fourteen days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an 20 acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of why 21 such a settlement is appropriate. 22 23 3 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement 24 agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and 25 who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible, the representative shall have authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 26 4 “Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the 27 offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If, however, the offering party is only willing to offer a settlement which it knows the other party 28 will not accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 1 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 2 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 3 not be filed on the court docket. 4 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 5 At least five court days prior to the settlement conference, the parties shall submit a 6 Confidential Settlement Conference Statement via email directly to the chambers of the unassigned 7 magistrate judge referred to the settlement conference. The statement should not be filed with the 8 Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of 9 Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date 10 and time of the settlement conference indicated prominently thereon. 11 The Confidential Settlement Conference Statement shall include the following: 12 A. A brief statement of the facts of the case. 13 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 14 which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the 15 claims and defenses; and a description of the major issues in dispute. 16 C. A summary of the proceedings to date. 17 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 18 E. The relief sought. 19 F. The party’s position on settlement, including present demands and offers and a history 20 of past settlement discussions, offers and demands. 21 VIII. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 22 Trial 23 None. 24 IX. Related Matters Pending 25 There are no pending related matters. 26 27 28 1 X. Compliance with Federal Procedure 2 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 3 || and the Local Rules of the Eastern District of California, and to keep abreast of any amendments 4 thereto. The Court requires compliance with these Rules to efficiently handle its increasing case load 5 ||XI. Effect of this Order 6 The foregoing order represents the best estimate of the court and counsel as to the agenda mo: 7 || suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 8 || parties determine at any time that the schedule outlined in this order cannot be met, counsel are 9 || ordered to notify the court immediately of that fact so that adjustments may be made, either by 10 || stipulation or by subsequent status conference. 11 The dates set in this Order are considered to be firm and will not be modified absent a 12 || showing of good cause even if the request to modify is made by stipulation. Stipulations 13 || extending the deadlines contained herein will not be considered unless they are accompanied by 14 || affidavits or declarations, and where appropriate attached exhibits, which establish good cause 15 || for granting the relief requested. 16 Failure to comply with this order may result in the imposition of sanctions. 17 IT IS SO ORDERED. 18 ) | | 19 Dated: _February 23, 2024 _ lyr DR UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28