Shelita Larteri v. Liberty Life Assurance Company of Boston

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. 1:19-CV-01455-DAD-SAB SHELITA LARTERI, SCHEDULING ORDER (Fed.R.Civ.P 16) Plaintiff, Administrative Record Deadline: 12 September 1, 2020 v. 13 Dispositive Motion Deadlines: LIBERTY LIFE ASSURANCE Filing: October 4, 2020 COMPANY OF BOSTON, 14 Opposition: October 18, 2020 Hearing: Pursuant to Local Rules Defendant.

I. Date of Scheduling Conference The Scheduling Conference was held on January 10, 2020.

II. Appearances of Counsel Counsel Cesar Gavidia, Jr., appeared telephonically on behalf of Plaintiff.

Counsel Blake J. Russum appeared telephonically on behalf of Defendant.

III. Consent to Magistrate Judge Pursuant to 28 U.S.C. § 636(c), to the parties who have not consented to conduct all further proceedings in this case, including trial,1 before United States Magistrate Judge Stanley A.

1 Except those proceedings delegated to the United States magistrate judges by 28 U.S.C. § 636(b) and the district judges by the Local Rules for the Eastern District of California.

1 Boone, you should be informed that because of the pressing workload of United States district judges and the priority of criminal cases under the United States Constitution, you are encouraged to consent to magistrate judge jurisdiction in an effort to have your case adjudicated in a timely and cost effective manner.

5 Presently, when a civil trial is set before Judge Drozd, any criminal trial set which conflicts with the civil trial will take priority, even if the civil trial was set first. Continuances of civil trials under these circumstances may no longer be entertained, absent a specific and stated finding of good cause, but the civil trial may instead trail from day to day or week to week until the completion of either the criminal case or the older civil case.

10 The parties are advised that they are free to withhold consent or decline magistrate jurisdiction without adverse substantive consequences.

12 IV. Amendments to Pleading 13 Any motions or stipulations requesting leave to amend the pleadings must be filed by no later than April 17, 2020. The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings does not reflect on the propriety of the amendment or imply good cause to modify the existing schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed.R.Civ.P. 15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182 (1962).

22 V. Discovery and Motion Schedule 23 The administrative record shall be filed on or before September 1, 2020. Motions for summary judgment shall be filed on or before October 4, 2020. Oppositions to the motions for summary judgment shall be filed on or before October 18, 2020. The motions shall be heard pursuant to the Local Rules in Courtroom 2 before United States District Judge Dale A. Drozd.

27 In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local Rules 230 and 260.

1 Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in person or by telephone, and confer to discuss the issues to be raised in the motion.

4 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues for review by the court; and 5) explore the possibility of settlement before the parties incur the expense of briefing a summary judgment motion.

9 The moving party shall initiate the meeting. Since this is an action which shall be decided on the administrative record, the parties are relieved from the requirement to file a joint statement of undisputed facts.

12 In the Notice of Motion, the moving party shall certify that the parties have met and conferred as ordered above or set forth a statement of good cause for the failure to meet and confer.

15 VI. Related Matters Pending 16 There are no pending related matters.

17 VII. Compliance with Federal Procedure 18 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of California.

24 Additional requirements and more detailed procedures for courtroom practice before United States Magistrate Judge Stanley A. Boone can be found at the United States District Court for the Eastern District of California’s website (http://www.caed.uscourts.gov) under Judges; United States Magistrate Judge Stanley A. Boone (SAB). In the area entitled “Case Management Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with | the guidelines set forth therein.

2 VIII. Effect of this Order 3 The foregoing order represents the best estimate of the court and counsel as to the agenda | most suitable to dispose of this case. If the parties determine at any time that the schedule | outlined in this order cannot be met, counsel are ordered to notify the court immediately of that | fact so that adjustments may be made, either by stipulation or by subsequent status conference.

7 Stipulations extending the deadlines contained herein will not be considered unless | they are accompanied by affidavits or declarations, and where appropriate attached | exhibits, which establish good cause for granting the relief requested. The parties are | advised that due to the impacted nature of civil cases on the district judges in the Eastern | District of California, Fresno Division, that stipulations to continue set dates are disfavored | and will not be granted absent good cause.

13 Lastly, should counsel or a party appearing pro se fail to comply with the directions | as set forth above, an ex parte hearing may be held and contempt sanctions, including | monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed | and/or ordered.

18 IT IS SO ORDERED. FA. ee | Dated: _ January 10, 2020 UNITED STATES MAGISTRATE JUDGE