She’s Seabiscuit in a match with War Admiral – Bossier v State Farm

This is at least the third time State Farm has violated this Court’s discovery orders. It is apparent that neither State Farm nor its counsel feel any compunction concerning such violations.

Is there any misconduct by State Farm that will result in sanctions? That seems to be the question State Farm is asking this Court to answer. This Plaintiff and others who rely on the Court’s even-handed enforcement of its orders seek an answer as well.

The crowd that watched Seabiscuit race War Admiral was estimated at 40,000 – just slightly larger than the number of State Farm policyholders on the coast with claims subject to MID mediation:

The Pimlico Race Course, from the grandstands to the infield, was jammed solid with fans. Trains were run from all over the country to bring fans to the race, and the estimated 40,000 at the track were joined by some 40 million listening on the radio.

Comparable numbers who rely on the Court’s even-handed enforcement of its orders are watching this race for justice – and Bossier’s counsel, Coast attorney Judy Guice, says forget the roses; hang sanctions on State Farm!

Details are in Bossier’s Motion for Sanctions Under Rule 37(b) for Failure to Comply with Court Order of September 3, 2009, filed today in Katrina’s federal district court:

On August 28, 2009, Senior Judge L. T. Senter, Jr. entered his Order with regard to Plaintiff’s [61] Application for Review stating as follows:

“This Court will not go so far as to adopt ½ mile as an absolute distance entitling Plaintiff to information related to other claims. However, the Magistrate Judge’s order provides no basis for accepting Defendant’s unilateral decision to limit Plaintiff to the 1/10 mile figure, and it should not matter how many claims fall within the latter distance if the former may also be “reasonably calculated to lead to the discovery of admissible evidence.” Therefore, this matter is referred to the Magistrate Judge to revisit Plaintiff’s interrogatories 1 and 21, and requests for production 3 and 7.”

On September 3, 2009, Magistrate Walker conducted a telephone hearingPages from Bossier motion for sanctions re violation September 3 order-4 on said discovery matters. An  Agreed Order was entered on September 3, 2009, ordering Defendant to provide neighboring claims files graphically demonstrated by the map attached as Exhibit A to said order. The order alsoPages from Bossier motion for sanctions re violation September 3 order-5 stated “that these other claim files shall be produced within 14 days from
September 3, 2009.”

The Court ordered documents were to be produced by State Farm by September 17, 2009. Having received no documents or communication from State Farm regarding the neighboring claims files, undersigned Pages from Bossier motion for sanctions re violation September 3 order.jpg 2counsel’s office sent an email to counsel for State Farm on September 18 asking when the documents would be provided. (Exhibit A) State Farm’s counsel advised that the documents would be sent to Plaintiff on Monday or Tuesday.

Pages from Bossier motion for sanctions re violation September 3 orderThere has been no response to Plaintiff’s email and the neighboring claims files have not been provided to date. The proposed pre-trial order in this matter is due to the Court on October 7 and trial is scheduled for November 2, 2009.

State Farm’s dog-ate-my-homework excuse dumps Mullins into the role of a  stable boy shoveling s#%& and leaves Judge Walker to see if he can saddle this mule.  Meanwhile:

Head-to-head races favor fast starters, and War Admiral’s speed from the gate was the stuff of legend. Seabiscuit, on the other hand, was a pace stalker, skilled at holding with the pack before destroying the field with late acceleration.

[youtube=http://www.youtube.com/watch?v=WVT2MPNCqgM]

War Admiral won once more before the end of the season… Seabiscuit was named Horse of the Year….

In addition to default judgment and contempt citation, Plaintiff should be awarded attorney’s fees and expenses for the extreme effort required during the discovery process.

6 thoughts on “She’s Seabiscuit in a match with War Admiral – Bossier v State Farm”

  1. Hey Nowdy! Great post (as usual).

    Thank goodness for attorneys like Attorney Guice (AND her STAFF) for doggedly pursuing Bossier (and other cases like it I’m sure) !!

    Can’t wait to see what happens myself!

    SHIRLEY HEFLIN

  2. Great title, Sop! Suggest away and I’ll use them all.

    I’ve been trying to guess how many claims files State Farm couldn’t get copied in time to comply with court order.

    Supposedly, there were 23 (including Bossier) in the 1/10th mile area; but, I seem to recall the actual number delivered was 17 or so.

    When I googled up a map of the area with the agreed to borders, the distance was more than a mile on all sides- so allowing for my lack of precise borders, it could be a lot.

    I just don’t know the area but Hinkle said it inspired him to write the protocol so I’m guessing 230 or so on the low end – and just dying to know how many fit Judge Senter’s qui tam criteria.

  3. Howdeeee, doucy,
    forgive me if y’all already have this. My gmail is way’woogie this morning so I thought to leave this on your comments.
    Will Y’all be slabbin this?
    http://www.outofthestormconference.com/

    In other news, I have come up with a new award:
    Editilla’s Brass Balls Award
    to be given to Engineers who speak out against the Corps Lies.
    Note: the Metaphor is Ball Bearings, and the evolutionary leap forward their invention had on the Wheel.
    Ball Bearings are to Wheels what Rocket Surgery is to Romper Room.
    Get my drift? Without Balls you can’t find your Bearings.
    Anyway,it ain’t a “guy thing”, but does directly address the testicular fortitude of sound engineering practices.

    I will have to come up with something else for you cats though, since the idea of combining slabs and balls makes Editilla a nervous boy indeed.

  4. Editilla remember the Competitive Enterprise Institute is a trade group of Bermudan Reinsurers who advocate they should remain US tax free (paying taxes is for schmucks after all). Chaney and Richardson are owned by that group. Jimbo the Clown is too dumb to be owned by anyone.

    Goodwin replaced a decent commish in NC but he is very new so we don’t know much about him except that if this is the company he keeps you might as well write him off too. The only thing the CEI and their band of captured regulators are for is themselves and more profits for reinsurers based in tax havens.

    sop

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