You're viewing Docket Item 16 from the case Tanforan v. Hartford Life and Accident Insurance Company. View the full docket and case details.

Download this document:




Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 1 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

NO. CIV. S-13-0762 LKK/KJN

BETTINA TANFORAN,

Plaintiff,

v.

HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,

Defendant.

/


STATUS (PRETRIAL SCHEDULING) CONFERENCE

READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH
THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND
PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS
ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER
SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN
ORDER OF JUDGMENT.

Pursuant to court order, a Status (Pretrial Scheduling)
Conference was held in chambers on July 8, 2013. Robert J. Rosati
appeared telephonically as counsel for plaintiff; Edith S. Shea

1

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 2 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

appeared telephonically as counsel for defendant. After hearing,
the court makes the following findings and orders:

SERVICE OF PROCESS
All parties defendant have been served and no further service
is permitted except with leave of court, good cause having been
shown.

JOINDER OF PARTIES/AMENDMENTS
No further joinder of parties or amendments to pleadings is
permitted except with leave of court, good cause having been shown.
See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.
1992).

JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. § 1332, is

undisputed, and is hereby found to be proper, as is venue.

MOTION HEARING SCHEDULES
All law and motion except as to discovery is left open, save

and except that it shall be conducted so as to be completed by
May 8, 2014. The word "completed" in this context means that all
law and motion matters must be heard by the above date. Because
this date is not necessarily a date previously set aside for law
and motion hearings, it is incumbent upon counsel to contact this
court's courtroom deputy, Ana Rivas at (916) 930-4133, sufficiently
in advance so as to ascertain the dates upon which law and motion
will be heard and to properly notice its motion for hearing before
that date. Counsel are cautioned to refer to Local Rule 230
regarding the requirements for noticing such motions on the court's

2

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 3 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

regularly scheduled law and motion calendar. Opposition or
statement of non-opposition to all motions shall be filed not later
than 4:30 p.m. fourteen (14) days preceding the hearing date, or by
proof of service by mail not less than seventeen (17) days
preceding the hearing date. This paragraph does not preclude
motions for continuances, temporary restraining orders or other
emergency applications, and is subject to any special scheduling
set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

At the time of filing a motion, opposition, or reply, counsel

are directed to email a copy in word processing format to lkk-

[email protected]

The parties should keep in mind that the purpose of law and
motion is to narrow and refine the legal issues raised by the case,
and to dispose of by pretrial motion those issues that are
susceptible to resolution without trial. To accomplish that
purpose, the parties need to identify and fully research the issues
presented by the case, and then examine those issues in light of
the evidence gleaned through discovery. If it appears to counsel
after examining the legal issues and facts that an issue can be
resolved by pretrial motion, counsel are to file the appropriate
motion by the law and motion cutoff set forth supra.

Unless prior permission has been granted, memoranda of law in
support of and in opposition to motions are limited to thirty (30)
pages, and reply memoranda are limited to fifteen (15) pages. The
parties are also cautioned against filing multiple briefs to
circumvent this rule.

3

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 4 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Where the parties bring motions for summary judgment, the
court will deem facts which are apparently undisputed as undisputed
under Fed. R. Civ. P. 56(e), unless specifically reserved and that
party tenders evidence to support the reservation.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL
MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE
VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED
THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT
BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND
MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION,
SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO
TIMELY FILE AN APPROPRIATE MOTION.

Counsel are further reminded that motions in limine are
procedural devices designed to address the admissibility of
evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH
DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS
IN LIMINE AT THE TIME OF TRIAL.

DISCOVERY
No modifications of the discovery requirements found in the

Federal Rules is ordered.

All discovery is left open, save and except that it shall be

so conducted as to be completed by March 8, 2014. The word
"completed" means that all discovery shall have been conducted so
that all depositions have been taken and any disputes relative to
discovery shall have been resolved by appropriate order if
necessary and, where discovery has been ordered, the order has been

4

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 5 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

complied with. Motions to compel discovery must be noticed on the
magistrate judge's calendar in accordance with the local rules of
this court and so that such motions will be heard not later than
February 8, 2014. In this regard, all counsel are to designate in
writing and file with the court and serve upon all other parties a
final list of the names of all experts that they propose to tender
at trial not later than sixty (60) days before the close of
discovery herein established. All designated experts shall submit
written reports which counsel shall exchange at the time of
designation. The contents of the report must comply with Fed. R.
Civ. P. 26 (a)(2)(B). All experts so designated are to be fully
prepared to render an informed opinion at the time of designation
so that they may fully participate in any deposition taken by the
opposing party. Experts will not be permitted to testify at the
trial as to any information gathered or evaluated, or opinion
formed, after deposition taken subsequent to designation.

An expert witness not appearing on said lists will not be
permitted to testify unless the party offering the witness
demonstrates: (a) that the necessity of the witness could not have
been reasonably anticipated at the time the lists were exchanged;
(b) the court and opposing counsel were promptly notified upon
discovery of the witness; and (c) that the witness was promptly
proffered for deposition.

MID-LITIGATION STATEMENTS
Not later than fourteen (14) days prior to the close of
discovery, all parties shall file with the court and serve on all

5

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 6 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

other parties a brief statement summarizing all law and motion
practice heard by the court as of the date of the filing of the
statement, whether the court has disposed of the motion at the time
the statement is filed and served, and the likelihood that any
further motions will be noticed prior to the close of law and
motion. The filing of this statement shall not relieve the parties
or counsel of their obligation to timely notice all appropriate
motions as set forth above.
FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is SET for August 11, 2014, at
2:30 p.m. Counsel are cautioned that counsel appearing for
Pretrial will in fact try the matter.

Counsel for all parties are to be fully prepared for trial at
the time of the Pretrial Conference, with no matters remaining to
be accomplished except production of witnesses for oral testimony.
Counsel are referred to Local Rules 280 and 281 relating to the
contents of and time for filing Pretrial Statements. In addition
to those subjects listed in Local Rule 281(b), the parties are to
provide the court with a plain, concise statement which identifies
every non-discovery motion tendered to the court, and its
resolution. A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL
BE GROUNDS FOR SANCTIONS.

The parties shall file Separate Pretrial Statements, the
contents and timing of which are set forth in Local Rule 281,
except that the parties are to prepare a JOINT STATEMENT with
respect to the undisputed facts and disputed factual issues of the

6

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 7 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

case. See Local Rule 281(b)(3), (4), and (6). The parties are
reminded to include in their joint statement all disputed and
undisputed special factual information as required by Local Rule
281(b)(6). Notwithstanding the provisions of Local Rule 281, the
Joint Statement of Undisputed Facts and Disputed Factual Issues is
to be filed with the court concurrently with the filing of
plaintiff's Pretrial Statement.

The undisputed facts and disputed factual issues are to be set
forth in two separate sections. In each section, the parties
should identify first the general facts relevant to all causes of
action. After identifying the general facts, the parties should
then identify those facts which are relevant to each separate cause
of action. In this regard, the parties are to number each
individual fact or factual issue. Where the parties are unable to
agree as to what factual issues are properly before the court for
trial, they should nevertheless list in the section on "DISPUTED
FACTUAL ISSUES" all issues asserted by any of the parties and
explain by parenthetical the controversy concerning each issue.
Each individual disputed fact or factual issue shall include the
following introductory language: "Whether or not . . . ." The
parties should keep in mind that, in general, each fact should
relate or correspond to an element of the relevant cause of action.
If the case is tried to a jury, the undisputed facts will be read
to the jury.

Pursuant to Local Rule 281(b)(10) and (11), the parties are
required to provide in their Pretrial Statements a list of

7

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 8 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

witnesses and exhibits that they propose to proffer at trial, no
matter for what purpose. These lists shall not be contained in the
Pretrial Statement itself, but shall be attached as separate
documents to be used as addenda to the Final Pretrial Order.
Plaintiff's exhibits shall be listed numerically; defendant's
exhibits shall be listed alphabetically. In the event that the
alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z,
3A-3Z, etc." The Pretrial Order will contain a stringent standard
for the proffering of witnesses and exhibits at trial not listed in
the Pretrial Order. Counsel are cautioned that the standard will
be strictly applied. On the other hand, the listing of exhibits or
witnesses which counsel do not intend to call or use will be viewed
as an abuse of the court's processes.

Pursuant to Local Rule 281(b)(12), a party is required to
provide a list of all answers to interrogatories and responses to
requests for admission that the party expects to offer at trial.
This list should include only those documents or portions thereof
which the party expects to offer in its case-in-chief. Unless
otherwise barred by a rule of evidence or order of this court, the
parties remain free to tender appropriate discovery documents
during trial for such purposes as, but not limited to, impeachment
or memory refreshment.

Pursuant to Local Rule 281(b)(8), the parties' Pretrial
Statements shall contain a "statement of legal theory, etc." Each
party shall commence this section by specifying as to each claim
whether federal or state law governs, and if state law, the state

8

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 9 of 10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

whose law is applicable.

Counsel are also reminded that, pursuant to Fed. R. Civ. P.
16, it will be their duty at the Pretrial Conference to aid the
court in (a) formulation and simplification of issues and the
elimination of frivolous claims or defenses; (b) settling of facts
which should be properly admitted; and (c) the avoidance of
unnecessary proof and cumulative evidence. Counsel must prepare
their Pretrial Statements, and participate in good faith at the
Pretrial Conference, with these aims in mind. A FAILURE TO DO SO
MAY RESULT IN THE IMPOSITION of SANCTIONS which may include
monetary sanctions, orders precluding proof, eliminations of claims
or defenses, or such other sanctions as the court deems
appropriate.

TRIAL SETTING
Trial is SET for November 4, 2014, at 10:30 a.m. Trial will
be by jury. The parties represent in good faith that the trial
will take approximately twelve (12) days.

SETTLEMENT CONFERENCE
A Settlement Conference will be set before a judge other than

the trial judge at the time of the Pretrial Conference.

Counsel are cautioned to have a principal capable of
disposition present at the Settlement Conference or to be fully
authorized to settle the matter on any terms and at the Settlement
Conference.

MISCELLANEOUS PROVISIONS
The parties are reminded that pursuant to Fed. R. Civ. P.

9

Case 2:13-cv-00762-LKK-KJN Document 16 Filed 07/11/13 Page 10 of 10

16(b), the Status (pretrial scheduling) Order shall not be modified
except by leave of court upon a showing of good cause. Counsel are
cautioned that changes to any of the scheduled dates will
necessarily result in changes to all other dates. Thus, even where
good cause has been shown, the court will not grant a request to
change the discovery cutoff date without modifying the pretrial and
trial dates.

Agreement by the parties pursuant to stipulation does not
constitute good cause. Nor does the unavailability of witnesses or
counsel, except in extraordinary circumstances, constitute good
cause.

The parties are reminded of their continuing obligation to
supplement their statements relative to the identification of
parent corporations and any publicly held company that owns 10% or
more of the party's stock within a reasonable time of any change in
the information.

The parties are admonished that they are not to cite or refer
to any of the quotations inscribed in the pavers on the front plaza
of the United States Courthouse in any written or oral presentation
to the court or a jury.

There appear to be no other matters presently pending before
the court that will aid the just and expeditious disposition of
this matter.

IT IS SO ORDERED.
DATED: July 10, 2013.

10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26