Allstate Insurance Company v. The Federal Savings Bank
| Allstate Insurance Company |
| The Federal Savings Bank |
| 1:2012cv05639 |
| July 18, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Invalid |
| Civil Miscellaneous Case |
| None |
Docket Report
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This docket was last retrieved on August 31, 2012. A more recent docket listing may be available from PACER.
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| Filing 23 MINUTE entry before Honorable Edmond E. Chang: FSB's motion to compel #15 is denied. With regard to the redirect questions, FSB provided the questions 1 day before the Rule 31 deposition and demanded that Allstate prepare the witness to answer them. Allstate objected the same day but received no response until after the deposition actually took place (indeed, not until 6 days after the deposition). In light of FSB's own untimeliness in initiating the deposition, see R. 13, and subsequent untimeliness in asking Allstate to prepare the witness to ask the additional questions, the motion to compel answer to the redirect questions is granted. With regard to the document production, upon review of the attached exhibits (attached to the opening motion, response, and reply), the Court concludes that Allstate has complied by producing the monthly commission reports in the format it now maintains with sufficient explanation of the information (this also takes care of Document Requests 2, 10-17, and mostly takes care of Requests 25-28; the latter requests are satisfied by the remaining monthly List 60 reports). Document Request 20 was satisfied by the production of a report showing the termination payments to the Thompson Agency. Document Request 22 will be satisfied upon production of the agency purchase approval request forms, and related documents, for the purchase of Hays and Howell books of business. Mailed notice (slb, ) |
| Filing 22 DECLARATION regarding motion to compel, #15 of Bryan J. Yarnell (Gilbert, Irwin) |
| Filing 21 REPLY by The Federal Savings Bank to response in opposition to motion, #19 to Compel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Declaration John Roache)(Gilbert, Irwin) |
| Filing 20 MINUTE entry before Honorable Edmond E. Chang: Movant FSB may file a reply in support of the motion to compel on or before the close of business on 08/20/12. Mailed notice (Chang, Edmond) |
| Filing 19 RESPONSE by Allstate Insurance Companyin Opposition to MOTION by Defendant The Federal Savings Bank to compel Answers to Written Redirect Deposition Questions and to Compel Production of Documents #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Enerson, Wendy) |
| Filing 18 DECLARATION of Irwin Gilbert in Support of the Motion to Compel (Attachments: #1 Exhibit A, #2 Exhibit B)(Gilbert, Irwin) |
| Filing 17 MINUTE entry before Honorable Edmond E. Chang: Yesterday at 5:06 p.m., FSB filed a motion to compel #15 , but noticed it for presentment on 08/16/12, a date on which this Court is not hearing motions, as explicitly warned on the Court's CM/ECF filing system. The Court's preliminary review of the motion shows that disputes have arisen over the scope of the Rule 31 deposition, as well as the document production. On 07/23/12, acting on Allstate's motion to quash or to modify, the Court explicitly warned FSB that its own delays put it at risk in timely resolving discovery disputes, because the then-discovery close of 08/03/12 was fast approaching. Later, FSB obtained a discovery extension in the underlying case, 0:12-cv-60077 (S.D. Fla.), to 08/20/12, which is also fast approaching. It does not appear that FSB's extension motion attached a copy of this Court's 07/23/12 order, which mentioned FSB's delays (perhaps the Court missed seeing a copy among the motion's exhibits). Instead, FSB's motion described the order as follows: "Allstate's Motion was ultimately denied." R. 105, para. 8 (S.D. Fla.) In fact, this Court granted in part Allstate's motion, particularly for extensions because of the time crunch FSB has caused. In the instant motion, FSB represented that it "has filed motion with the trial court asking for further enlargement" of the discovery period (in fact, the motion was filed today, on 08/14/12). The motion might not be granted, but nonetheless, the Court orders a response from Allstate on or before 08/16/12. The motion hearing is entered and continued; the Court will review the response (and also perhaps the Southern District of Florida will have ruled on the extension motion) and decide whether a hearing is required.Mailed notice (slb, ) |
| Filing 16 NOTICE of Motion by John Thomas Roache for presentment of motion to compel, #15 before Honorable Edmond E. Chang on 8/16/2012 at 08:30 AM. (Roache, John) |
| Filing 15 MOTION by Defendant The Federal Savings Bank to compel Answers to Written Redirect Deposition Questions and to Compel Production of Documents (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Gilbert, Irwin) |
| Filing 14 ATTORNEY Appearance for Defendant The Federal Savings Bank by John Thomas Roache (Roache, John) |
| Filing 13 MINUTE entry before Honorable Edmond E. Chang: Hearing held on Allstate Insurance Company's motion to modify and quash subpoenas #1 . Counsel for FSB in Florida, Irwin Gilbert, participated by telephone; John Roache appeared in court for FSB as local counsel. For the reasons stated in open court, Allstate's motion #1 is granted in part and denied in part. Allstate's request for extension of time until July 26, 2012 in which to respond to the subpoena for documents is granted, in light of FSB's own delay in initiating the document request, correctly serving it, and the time needed to respond to the subpoena in the necessary format. Allstate's request to quash the Rule 31 subpoena is denied, but Allstate's deponent need not sit for the deposition under 08/03/12, in order to give the deponent time to prepare. Again, FSB's own delay caused this timing problem (August 3d is the close of discovery). Allstate's request for attorneys' fees and costs is denied; although there was a delay in FSB's initiation of discovery, the delay was around 19 days or so (FSB was on notice of the need for the discovery as of the end of May, not at the start of discovery in March). Mailed notice (slb, ) |
| Filing 12 MINUTE entry before Honorable Edmond E. Chang:Application by Irwin R. Gilbert to appear pro hac vice #9 on behalf of defendant The Federal Savings Bank is granted. Mailed notice (slb, ) |
| Filing 11 DECLARATION of Irwin Gilbert regarding motion for order #1 (Supplemental Declaration) (Roache, John) |
| Filing 10 DECLARATION of Irwin Gilbert regarding motion for order #1 (Roache, John) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7372529. (Griswold, Joel) |
| Filing 8 ATTORNEY Appearance for Defendant The Federal Savings Bank by Joel Christopher Griswold (Appearance of John T. Roache) (Griswold, Joel) |
| Filing 7 MINUTE entry before Honorable Edmond E. Chang: On Allstate's motion to modify and quash, noticed for presentment on July 23, 2012, Federal Savings Bank shall respond by Noon on July 22, in light of the time constraints. FSB shall file an appearance and make all filings electronically, which will enable the Court to review the filings immediately. Allstate shall serve this order on FSB forthwith. The motion hearing time is moved from 8:30 a.m. to 9:45 a.m. on July 23. The Court will consider imposing attorneys' fees and costs on the party that does not prevail, and the movant and FSB are encouraged to further confer in order to resolve the discovery dispute. Mailed notice (slb, ) |
| Filing 6 NOTICE of Motion by Wendy N Enerson for presentment of before Honorable Edmond E. Chang on 7/23/2012 at 08:30 AM. (Enerson, Wendy) |
| Filing 5 ATTORNEY Appearance for Movant Allstate Insurance Company by Roger K. Heidenreich (Heidenreich, Roger) |
| Filing 4 ATTORNEY Appearance for Movant Allstate Insurance Company by Wendy N Enerson (Enerson, Wendy) |
| Filing 3 CIVIL Cover Sheet (Enerson, Wendy) |
| Filing 2 MEMORANDUM of Allstate Insurance Company in Support of Motion to Modify and Quash Subpoenas (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Enerson, Wendy) |
| Filing 1 MOTION by Allstate Insurance Company Allstate Insurance Companys to Modify and Quash Subpoenas Filing fee $ 46, receipt number 0752-7361154. (Enerson, Wendy) (Clerk's Office modified docket text.) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Michael T. Mason. (jn, ) |
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