SLABBED Daily – July 10 (keeping score #2)

Yesterday was a big day for Nationwide litigation.  Take a look at what settled!

O’Bannon et al v. Nationwide Mutual Fire Insurance Company et al closed 07/09/09

Hartman v. Nationwide Mutual Fire Insurance Company et al  closed 07/09/09

Williams et al v. Nationwide Mutual Insurance Company et al  closed 07/09/09

You’d think if they settled O’Bannon…oh, well, maybe Nationwide just wants to let the jury write Mrs. Politz check.

Yesterday was a busy day, but not a big day, for State Farm.  TEXT ONLY orders were issued yesterday in two of the State Farm cases SLABBED is following:

Bossier v State Farm:

TEXT ONLY ORDER granting Motion for Extension of Time to Complete Discovery. The parties are granted leave to conduct the 30(b)(6) deposition of State Farm on 7/31/2009; the motions deadline is extended to 8/7/2009. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on July 9, 2009.

Earlier in the week, State Farm filed a Response in Opposition to Plaintiff’s Application for Review of and Objection to the June 5, 2009 Order of the Magistrate Judge.

…the Plaintiff has failed to demonstrate to this Court that the Magistrate Judge’s findings of fact are clearly erroneous or that his ruling is clearly erroneous or contrary to law as required by Uniform District Court Rule 72.1(A)(2). The Magistrate Judge’s Order should be affirmed.

Judy Guice, Counsel for Bossier, is certain to take exception to the basis for State Farm’s Opposition.  Keep an eye out for her Rebuttal.

O’Keefe v State Farm:

TEXT ONLY ORDER granting as unopposed Defendant Marshall J. Eleuterius’  Motion for Extension of Time to file a Reply in support of his Motion for Summary Judgment. Eleuterius’ Reply is now due on or before July 17, 2009. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT REGARDING THIS MOTION. Signed by District Judge Halil S. Ozerden on 7/9/2009.

State Farm referenced O’Keefe in the Company’s Rebuttal to Plaintiff’s Response to the Motion for Protective Order in Harris v State Farm.

Last week, in the case now pending in this Court styled O’Keefe, et al v. State Farm
Fire and Casualty Co., et al, and having Civil Action Number 1:08cv600-HSO-LRA, United States Magistrate Judge Anderson once again found that good cause exists for a protective order in Katrina litigation against State Farm.

However, Judge Anderson also held that the protective order advanced by State Farm in O’Keefe was overly broad, and in her order dated July 2, 2009, directed the O’Keefes’ counsel to submit plaintiffs’ proposed protective order for entry. Counsel for the O’Keefes’ is also counsel for plaintiffs in the instant case.

In acknowledgment of the O’Keefe ruling, State Farm Fire attaches hereto as Exhibit C an amended proposed protective order. The order is essentially identical to that submitted in the instant case by plaintiffs with their response to State Farm Fire’s motion for protective order, except that language has been added to Paragraphs 1 and 4. The additional language is intended to allow State Farm Fire to indicate the confidential nature of documents by labeling them as “Trade Secret Materials.” Said changes will, in the event such materials are produced in the instant litigation, simply decrease the expense and increase the efficiency of producing said materials.

Harris best look up the sleeve of State Farm’s Counsel with these proposed changes in their brief.

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