…counsel for the Defendant became aware of a problem with getting the files in and began trying to investigate the holdup on receiving the files. Counsel for the Defendant received an answer and provided that information to both counsel for the Plaintiff and the Court on September 24, 2009. The individual responsible for gathering and scanning the files in the Southern Zone for State Farm had been out of the office the week prior. Nevertheless, a disk had been made of the claim files on Monday, September 21, 2009, within the time agreed to by Plaintiff’s counsel for the production, but the disk did not reach counsel for the Defendant until Thursday, September 24, 2009. The disk was immediately provided to counsel for the Plaintiff at or near noon of September 24, 2009. Another disk with twelve additional claims was provided on September 29, 2009. (State Farm’s October 7, 2009, Response to Bossier’s Motion for Sanctions) (emphasis added)
The Court ordered documents were to be produced by State Farm by September 17, 2009. Without withdrawing his Motion for Sanctions Under Rule 37(b) For Failure to Comply With Court Order of September 3, 2009, on September 25, Bossier withdrew his motion to expedite a hearing on the matter pending Counsel’s review of the claim files.
JURY TRIAL SET for 11/2/2009, 10:00 A.M., in Courtroom 506, Gulfport, MS, before District Judge L. T. Senter Jr!
Surely, State Farm isn’t trying to delay the trail and set up Bossier’s counsel to take the fall for the delay – but a reading of Bossier’s Reply to State Farm’s Response in Opposition to the Motion for Sanctions certainly makes it seem that way. Continue reading “Bossier challenges State Farm’s round tuit approach to compliance with Court’s Order – Trial begins in 2 weeks!”