8105071v1 10/17/2011 4:50 PM 8105071v1 10/17/2011 4:50 PM 8105071v1 10/17/2011 4:50 PM 8105071v1 10/17/2011 4:50 PM
[PROPOSED] AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING PLAINTIFFS’
MOTION TO MODIFY THE PRETRIAL SCHEDULING ORDER
Case No. CV 10-9198 JVS (RNBx)
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 CALIFORNIA STREET, SUITE 2300
SAN FRANCISCO, CALIFORNIA 94111
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
27
28
8089739v2 4/46/2011 32:1815 PM
8089739v2 4/46/2011 32:1815 PM
8089739v2 4/46/2011 32:1815 PM
8089739v2 4/46/2011 32:1815 PM
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP CHARLES N. FREIBERG (SBN 70890) BRIAN P. BROSNAHAN (SBN 112894) JACOB N. FOSTER (SBN 250785) 101 California Street, Suite 2300 San Francisco, California 94111 Telephone: (415) 421-6140 Facsimile: (415) 398-5030
LEVINE & MILLER HARVEY R. LEVINE (SBN 61879) CRAIG A. MILLER (SBN 116030) LEVINE & MILLER 550 West C Street, Suite 1810 San Diego, CA 92101-8596 Telephone: (619) 231-9449 Facsimile: (619) 231-8638
Attorneys for Plaintiffs JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JOYCE WALKER, KIM BRUCE HOWLETT, and MURIEL SPOONER, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation,
Defendant.
CLASS ACTION
CASE NO.: CV 10-9198 JVS (RNBx)
Formerly Case No.: 3:10-cv -04852 JSW from Northern District of CA
[PROPOSED] AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING PLAINTIFFS’ MOTION TO MODIFY THE PRETRIAL SCHEDULING ORDER
Case 2:10-cv-09198-JVS -RNB Document 110-2 Filed 10/17/11 Page 1 of 3 Page ID #:3385
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
27
28
[PROPOSED] AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING PLAINTIFFS’
MOTION TO MODIFY THE PRETRIAL SCHEDULING ORDER
Case No. CV 10-9198 JVS (RNBx)
1
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 CALIFORNIA STREET, SUITE 2300
SAN FRANCISCO, CALIFORNIA 94111
The Court, having reviewed Plaintiffs Joyce Walker’s, Muriel Lynn
Spooner’s, and Kim Bruce Howlett’s (“Plaintiffs”) Motion to Modify the Pretrial
Scheduling Order (the “Motion”) and the parties’ papers filed in connection
therewith, hereby GRANTS the Motion and ORDERS that:
1. The trial date is set for January 24, 2013. The pretrial conference will
take place on January 16, 2013.
2. Class and merits discovery shall not be bifurcated and shall proceed
simultaneously. Fact discovery will remain open until November 5, 2012.
Pursuant to the Trial Order, all interrogatories, requests for documents, and
requests for admission shall be served no later than September 21, 2012, and all
depositions shall commence no later than October 29, 2012.
3. Expert discovery will remain open until November 5, 2012. In
accordance with Rule 26(a)(2), the parties shall submit their expert disclosures no
later than September 10, 2012, any rebuttal expert disclosures no later than
October 1, 2012, and any reply expert disclosures no later than October 22, 2012.
4. Plaintiffs may take 3 days of Rule 30(b)(6) depositions, which shall
count as one deposition against the limit of 10 depositions permitted under Rule
30. Plaintiffs may request that the Court modify this order to permit additional
time if needed to fairly examine the 30(b)(6) deponents.
5. The last date for hearing motions will be seven weeks before the trial
date, or December 6, 2012. The Court orders that all motions shall be served and
filed no later than November 2, 2012. The parties will meet and confer to agree on
briefing schedules and will submit them to the Court for approval.
6. Pursuant to the Trial Order and in compliance with Local Rule 6, all
motions in limine shall be filed and served no later than December 19, 2012, four
weeks prior to the scheduled pretrial date of January 16, 2013.
7. Pursuant to and in compliance with Local Rule 16, the parties’ Pretrial
Conference Order shall be lodged no later than January 4, 2013.
Case 2:10-cv-09198-JVS -RNB Document 110-2 Filed 10/17/11 Page 2 of 3 Page ID #:3386
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
27
28
[PROPOSED] AMENDED PRETRIAL SCHEDULING ORDER AND ORDER GRANTING PLAINTIFFS’
MOTION TO MODIFY THE PRETRIAL SCHEDULING ORDER
Case No. CV 10-9198 JVS (RNBx)
2
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 CALIFORNIA STREET, SUITE 2300
SAN FRANCISCO, CALIFORNIA 94111
8. Pursuant to and in compliance with Local Rule 16, all Memoranda of
Contentions of Fact and Law, Exhibit Lists, and Witness Lists shall be submitted
no later than December 21, 2012, three and a half weeks prior to the scheduled
pretrial date.
9. The parties will participate in a non-judicial dispute resolution
proceeding, Settlement Procedure Number 3 under Local Rule 16-15.4. The last
date for completion of this Settlement Procedure shall be no later than the close of
fact discovery.
10. Plaintiffs will file their motion for class certification on or before May
14, 2012. The parties will meet and confer to agree on a briefing schedule for that
motion and will submit it to the Court for approval.
11. The parties may seek modification of this Order at any time and for
good cause shown.
IT IS SO ORDERED.
Dated: __________________, 2011
__________________ _________
Honorable James V. Selna United States District Judge
Case 2:10-cv-09198-JVS -RNB Document 110-2 Filed 10/17/11 Page 3 of 3 Page ID #:3387