Lloyd's Acceptance Corp. v. Affiliated FM Insurance Company
| 4:2005cv01934 |
| October 20, 2005 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| David D. Noce |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
365
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motions of defendants to bifurcate the issues of insurance coverage from the issue of vexatious refusal to pay (Docs. 353 , 355 ) are sustained. IT IS FURTHER ORDERED that the final pretrial con ference is reset from October 2, 2014, to October 7, 2014 at 9:00 a.m. IT IS FURTHER ORDERED that, when the parties file their papers complying with the court's pretrial scheduling order, the parties shall identify separately as to Phase 1 an d Phase 2 the witnesses whose testimony and the exhibits which "will be" and "may be" offered. IT IS FURTHER ORDERED that, prior to filing motions in limine that object to witnesses and exhibits, counsel for the parties confer in an effort to settle potential objections. re 353 MOTION to Bifurcate filed by Travelers Property Casualty Company of America, 355 MOTION to Bifurcate Trial filed by Affiliated FM Insurance Company. Signed by Magistrate Judge David D. Noce on 9/8/14. (KKS)
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Filing
335
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of defendant Affiliated FM Insurance Company for interlocutory appeal certification or reconsideration (Doc. 317 ) is sustained in part and denied in part. The court certifies defendant Af filiated FM Insurance Company's question of: Whether this Court erred in denying summary judgment because knowledge that this loss was in progress may be imputed to Plaintiffs (owners of premises where they operated elevators) from employees of the companies that Plaintiffs engaged pursuant to their non-delegable duty to maintain the elevators operated on those premises properly. IT IF FURTHER ORDERED that the motion of defendant Travelers Property Casualty Company of America for inter locutory appeal certification (Doc. 327 ) is sustained in part and denied in part. The court certifies defendant Travelers Property Casualty Company of America question of: Whether this Court erred in denying Travelers' summary judgment beca use knowledge that this was a loss in progress can be imputed to Plaintiffs from employees of the companies hired by Plaintiffs pursuant to their non-delegable duty to properly maintain the elevators operated on the premises. IT IS FURTHER ORDERED that this case is stayed during the pendency of interlocutory appeal. Case stayed.. Signed by Magistrate Judge David D. Noce on 12/12/13. (KKS)
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Filing
315
MEMORANDUM AND ORDER REGARDING MOTIONS ON DISPOSITIVE MATTERS - IT IS HEREBY ORDERED that defendant Affiliated FMs motion for judgment on the pleadings regarding plaintiffs' claim under Mo. Rev. Stat. § 375.934 (Doc. 155 ) is denied. IT IS FURTHER ORDERED that defendant Affiliated FMs motion for judgment on the pleadings regarding plaintiffs' claim under Mo. Rev. Stat. § 375.296 (Doc. 157 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communities, LP for partial summary judgment (Doc. 198 ) is sustained. IT IS FURTHER ORDERED that the motions of defendant Affiliated FM Insurance Company for summary judgment (Docs. 170 , 173 ) are denied. IT IS FURTHER ORDER ED that the motions of defendant Travelers Property Casualty Company of America for summary judgment (Docs. 180 , 184 ) are denied. IT IS FURTHER ORDERED that the joint motion of defendants Affiliated FM Insurance Company and Travelers Property Cas ualty Company of America to amend Affiliated FMs Insurance Companys First Motion for Summary Judgment response memorandum (Doc. 299 ) is sustained. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communitie s, LP to strike defendant Travelers Property Casualty Company of Americas Second Motion for Summary Judgment reply memorandum (Doc. 303 ) is denied. IT IS FURTHER ORDERED that a status and scheduling hearing is set for October 18, 2013, at 10:00 a.m. Signed by Magistrate Judge David D. Noce on 9/12/13. (KJS)
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Filing
314
MEMORANDUM AND ORDER REGARDING EVIDENTIARY MATTERS - IT IS HEREBY ORDERED that the motion of defendant Affiliated FM Insurance Company to exclude the expert report and testimony of Joseph Stabler (Doc. 176 ) is sustained in part and denied in part. IT IS FURTHER ORDERED that the motion of defendant Affiliated FM Insurance Company to exclude the expert report and testimony of Thomas Zetlmeisl (Doc. 178 ) is sustained in part and denied in part. IT IS FURTHER ORDERED that the motion of defendant Affiliated FM Insurance Company to strike the revised report of Akos Swierkiewicz (Doc. 185 ) is sustained in partand denied in part. IT IS FURTHER ORDERED that the motion of defendant Affiliated FM Insurance Company to exclude the expert report an d testimony of C. Stephen Carr (Doc. 189 ) is denied. IT IS FURTHER ORDERED that the motion of defendant Affiliated FM Insurance Company to exclude the expert report and testimony of Howard Frank (Doc. 192 ) is denied. IT IS FURTHER ORDERED that th e motion of defendant Affiliated FM Insurance Company to quash and for a protective order (Doc. 213 ) is denied. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communities, LP, to strike the report of Dona ld Brayer (Doc. 183 ) is sustained in part and denied in part. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communities, LP, to exclude the expert report and testimony of Thomas L. Hoops (Doc. 187 ) is sustained in part and denied in part. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communities, LP, to exclude the expert report and testimony of Ronald Creak (Doc. 194 ) is sustained in part and denied in part. IT IS FURTHER ORDERED that the motion of plaintiffs Lloyds Acceptance Corp. and Affordable Communities, LP, to exclude or limit the testimony of Matthew OLeary (Doc. 196 ) is denied. Signed by Magistrate Judge David D. Noce on 9/6/13. (KJS)
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Filing
154
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of defendant Affiliated FM Insurance Company for a protective order (Doc. 137) is denied. Plaintiffs may depose Mr. Gerardo L. Alonso under the following conditions: Unless otherwise agree d by the parties, (a) the deposition shall be taken during one calendar day, of two three-hour sessions; (c) there shall be a ten-minute break midway through each three-hour session; (d) there shall be a break for lunch between the sessions; (e) each question shall be answered and there shall be no direction to the witness not to answer any question, except those questions objected to on the basis of privilege; (f) the parties shall state their objections directly to the court reporter and not t o each other; and (g) no conference or colloquy shall occur between counsel except that which is intended to enhance the efficient progress of the deposition. IT IS FURTHER ORDERED that any party may timely request that the court preside over the dep osition of Mr. Alonso in the courtroom of the undersigned. IT IS FURTHER ORDERED that the joint motion of plaintiffs Lloyds Acceptance Corp. d/b/a Lloyds Development Co. and Affordable Communities LP and defendant Travelers Insurance Company for an e xtension of time to complete discovery (Doc. 149) is sustained, in that: (a) the parties shall complete discovery no later than August 31, 2012; (b) the parties shall file any dispositive motions and expert opinion motions no later than September 14, 2012; and (c) the hearing on dispositive and expert opinion motions is reset to October 11, 2012 at 10:00 a.m. in the courtroom of the undersigned. IT IS FURTHER ORDERED that the parties shall confer and agree on the deadlines concerning the initial filing of such motions, the responses thereto, and reply memoranda. ( Discovery Completion due by 8/31/2012. Dispositive Motions due by 9/14/2012., Dispositive Motion Hearing set for 10/11/2012 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.) Signed by Magistrate Judge David D. Noce on 7/27/2012. (KMS)
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Filing
133
MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that the motion of plaintiffs Lloyd's Acceptance Corp. d/b/a Lloyd's Development Co. and Affordable Communities LP to compel production of documents (Doc. 120 ) is sustained in part, and otherwise denied, in that all the disputed documents shall be produced to plaintiffs not later than April 30, 2012, except: (1) paragraph 2, sentence 2, and paragraph 3, sentence 1 of the July 14, 2004 email, described above as (a), which shall be redacted from the document; the balance of the document shall be produced; and (2) the December 10, 2004 email, described above as (g), which is protected from production in its entirety. Signed by Magistrate Judge David D. Noce on 04/23/2012; (DJO)
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