Stevens v. UNUM Life Ins. Co. of America

United States District Court for the Eastern District of California

Stevens v. UNUM Life Ins. Co. of America

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11

12 TRACY STEVENS, No. 2:25-cv-01087 WBS JDP 13 Plaintiff, 14 v. 15 UNUM LIFE INSURANCE COMPANY OF AMERICA and PROVIDENT LIFE 16 AND ACCIDENT INSURANCE COMPANY, 17 Defendants. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for August 11, 2025, and makes the following findings 24 and orders without needing to consult with the parties any 25 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 The court has federal question jurisdiction pursuant to 10

28 U.S.C. § 1331

, because plaintiff asserts claims under the 11 Employee Retirement Income Security Act,

29 U.S.C. § 1132

et seq. 12 Venue is undisputed and hereby found to be proper. 13 IV. DISCOVERY 14 Because this case involves review of an insurance 15 determination under ERISA, the court does not set a standard 16 discovery. However, while it is possible that the case will be 17 decided solely on the administrative record, the parties have 18 left open the possibility for limited discovery and have 19 requested a discovery cutoff. 20 Accordingly, all discovery, including depositions for 21 preservation of testimony, is left open, save and except that it 22 shall be so conducted as to be completed by December 12, 2025. 23 The word “completed” means that all discovery shall have been 24 conducted so that all depositions have been taken and any 25 disputes relevant to discovery shall have been resolved by 26 appropriate order if necessary and, where discovery has been 27 ordered, the order has been obeyed. All motions to compel 28 discovery must be noticed on the magistrate judge’s calendar in 1 accordance with the local rules of this court and so that such 2 motions may be heard (and any resulting orders obeyed) not later 3 than December 12, 2025. 4 V. MOTION HEARING SCHEDULE 5 All non-dispositional motions, except motions for 6 continuances, temporary restraining orders, or other emergency 7 applications, shall be filed on or before December 26, 2025. All 8 motions shall be noticed for the next available hearing date. 9 Counsel are cautioned to refer to the local rules regarding the 10 requirements for noticing and opposing such motions on the 11 court’s regularly scheduled law and motion calendar. 12 VI. MEDIATION 13 Any mediation shall be completed on or before January 14 2, 2026. If the parties wish to have this matter referred either 15 to a magistrate judge for a settlement conference or to the 16 court’s voluntary dispute resolution program, the court will 17 consider a stipulation to that effect. 18 VII. DISPOSITION HEARING 19 The administrative record shall be filed on or before 20 February 11, 2026. 21 The dispositional hearing pursuant to Kearney v. 22 Standard Ins. Co.,

175 F.3d 1084

, 1086–1100 (9th Cir. 1999), is 23 set for May 12, 2026, at 9:00 a.m. The parties estimate that the 24 hearing will last a half day. Pre-hearing briefs shall be filed 25 by each side no later than March 24, 2026. Opposition briefs 26 shall be filed no later than April 21, 2026. 27 VIII. MODIFICATIONS TO SCHEDULING ORDER 28 Any requests to modify the dates or terms of this IE OS NIE EE ne IRE IN

1 Scheduling Order, except requests to change the date of the 2 dispositional hearing, may be heard and decided by the assigned 3 | Magistrate Judge. All requests to change the dispositional 4 hearing date shall be heard and decided only by the undersigned 5 judge. 6 IT IS SO ORDERED. 7 Dated: August 4, 2025 . . htt A, hh be— WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
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