Pruitt v. USAA General Indemnity Company
| Krystal Pruitt |
| Frederick L Pannier, USAA General Indemnity Company and Tracy E Pannier |
| 7:2020cv03661 |
| October 19, 2020 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 20 ADR STATEMENT/CERTIFICATION by USAA General Indemnity Company(Whelan, Robert) |
| Filing 19 Joint Rule 26(f) Report by USAA General Indemnity Company, Krystal Pruitt.(Whelan, Robert) Modified on 12/16/2020: to add joint filer as listed (kmca). |
| Filing 17 Joint Rule 26 Outline of Discovery Plan, JOINT LR 26.03 Answers, by USAA General Indemnity Company, Krystal Pruitt. (Attachments: #1 Exhibit A - Consent)(Whelan, Robert) Modified on 12/10/2020: to add text (26.03s), to add joint filer as listed (kmca). |
| Filing 16 DELETION OF DOCKET ENTRY NUMBER #15 Motion for Extension of Time. Reason: re-filed by attorney in correct case, 7-20-cv-3918-TMC. (kmca) |
| Filing 13 MEDIATION ORDER. Mediation Due by 5/3/2021. Signed by Honorable Timothy M Cain on 11/10/20. (kmca) (Main Document 13 replaced on 11/13/2020: to correct typo (2020 to 2021) (kmca). |
Filing 12
SCHEDULING ORDER: Rule 26(f) Conference Deadline 11/30/2020, 26(a) Initial Disclosures due by 12/14/2020, Rule 26 Report due by 12/14/2020, ADR Statement/Certification due by 12/14/2020, Motions to Amend Pleadings due by 1/25/2021, Plaintiffs ID of Expert Witness due by 2/24/2021, Defendants ID of Expert Witnesses Due by 3/26/2021, Records Custodian Affidavit due by 3/26/2021, Discovery due by 4/26/2021, Motions due by 5/11/2021, Jury Selection Deadline 8/2/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 11/10/20. (kmca)
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| Filing 10 TEXT ORDER: On October 23, 2020, Defendant USAA General Indemnity Company ("USAA") filed the instant motion to sever Plaintiff's claims against Defendants Frederick L. Pannier and Tracy E. Pannier (the "Panniers") from her claims against USAA. (ECF No. #7 ). Specifically, USAA asserts that Plaintiff's "attempt[] to combine a car wreck case and an insurance bad faith case in the same suit... constitutes procedural misjoinder under Rules 20 and 21 [of the Federal Rules of Civil Procedure]." (ECF No. #7 -1 at 1). Neither Plaintiff nor the Panniers has filed any response to the motion. Federal Rule of Civil Procedure 20 provides that multiple defendants may be joined in one action if "(A) any right to relief is asserted against them... with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2) (emphasis added). In cases where a claim has been improperly joined under Rule 20, the court may sever such claim against a party. Fed. R. Civ. P. 21. "A court severing claims against parties to a suit under Rule 21 has 'virtually unfettered discretion in determining whether or not severance is appropriate.'" Cramer v. Walley, Civ. A. No. 5:14-cv-03857-JMC, 2015 WL 3968155, at *5 (D.S.C. June 30, 2015) (quoting Grayson Consulting, Inc. v. Cathcart, No. 2:07-cv-02992-DCN, 2014 WL 1512029, at *2 (D.S.C. Apr. 8, 2014)).This court has repeatedly held that claims to determine liability arising out of automobile accidents are "wholly distinct in character from" bad faith breach of contract claims against automobile insurance carriers and cannot properly be joined under Rule 20. Pollock v. Goodwin, C/A No. 3:07-3983-CMC, 2008 WL 216381, at *3 (D.S.C. Jan. 23, 2008); see also, e.g., Cramer, 2015 WL 3968155, at *45 (holding that "Plaintiff's tort claim against Walley is wholly distinct from Plaintiff's coverage and bad faith claims against National Casualty" such that "[i]t is appropriate to sever the claims against Defendants"). Furthermore, as no response in opposition has been filed, the court finds the motion is well taken. Accordingly, having thoroughly reviewed USAA's motion and pursuant to Rules 20 and 21, the court GRANTS USAA's motion to sever (ECF No. #7 ). The Clerk is directed to assign a new civil action number to the claims asserted against the Panniers. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 11/9/20.(kmca) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Krystal Pruitt.(Sproat, James) |
| Filing 7 MOTION to Sever by USAA General Indemnity Company. Response to Motion due by 11/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Motion to Sever)No proposed order.(Whelan, Robert) (Additional attachment(s) added on 10/26/2020: #2 Exhibit 1 Original Complaint, #3 Exhibit A Rodriguez v. Cruz, 305-cv-01193-MJP, #4 Exhibit B Orders in Brown v. Solis, Willis v. Baines, McMickens v. Meredith, and Pollock v. Goodwin). Modified on 10/26/2020: to add exhibits referenced in motion as provided by filing user (kmca). |
| Filing 6 ANSWER to Complaint by USAA General Indemnity Company.(Whelan, Robert) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by USAA General Indemnity Company.(kmca) |
| Filing 1 NOTICE OF REMOVAL from Spartanburg County Court of Common Pleas, case number 2020-CP-42-02686. (Filing fee $400 receipt number 0420-9414701), filed by USAA General Indemnity Company. (Attachments: #1 State Court Documents including Amended Complaint, Withdrawal of Counsel Rachel Peavy, Service by Publication)(kmca) (Main Document 1 replaced on 10/20/2020: to replace with corrected documrnt (footnote size) as provided by filing user) (kmca). |
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