Opinion
No. 2:11-CV-1601-JLQ
02-02-2013
TRAVELERS INDEMNITY OF CONNECTICUT, et al, Plaintiffs, v. ARCH SPECIALTY INSURANCE COMPANY, Defendant.
ORDER SETTING TELEPHONIC STATUS CONFERENCE
Defendant Arch Specialty Insurance Company ("Arch") has been granted leave to File a Second Amended Counterclaim. The court has vacated a previously entered Protective Order. Travelers contends that the expansion of the bad faith allegations in the Second Amended Counterclaim require that discovery be reopened. The court agrees that discovery would need to be reopened, at least to the extent that matters were previously precluded by the Protective Order. The court is also inclined to deny the pending summary judgment motions as moot, now that the pleadings and allegations upon which the motions were based have been amended.
IT IS HEREBY ORDERED:
1. Arch filed its Second Amended Counterclaim on January 29, 2013. Travelers shall file an answer or other responsive pleading within "14 days after service" of the Second Amended Counterclaim as provided by Fed.R.Civ.P. 15(a)(3).
2. Within 14 days of the date of this Order, counsel shall confer, and thereafter file a joint status report as to the following issues: 1) the discovery that will need to be completed, for example, depositions that may need to be reopened, supplementation of expert reports, etc.; 2) the time frame for completing discovery; 3) a deadline for the filing of dispositive motions; 4) the parties positions on whether the prior summary judgment record may be supplemented, or whether the motions should be filed anew; 5) whether there are any prospects for settlement; 6) any anticipated modification of standard pretrial procedures; 7) pretrial conference and trial dates, including anticipated length of trial; and 8) any other matters which may be conducive to the just, efficient and economical determination of the action or proceeding, including definition or limitation of issues. The parties shall file the Joint Status Report by no later than February 25, 2013.
3. Arch shall supplement its previous written discovery responses and initial disclosures by producing the documents withheld pursuant to the now vacated Protective Order. Arch shall provide this supplemental information no later than February 22, 2013.
4. A Telephonic Status Conference is hereby set for Monday March 4, 2013 at 3:00 p.m. The parties shall call the court's toll-free number: 1-877-336-1839. The parties will be prompted to enter the following information: Access Code - 9492285 and Security Code - 1601.
IT IS SO ORDERED. The Clerk shall enter this Order and furnish copies to counsel.
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JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE