Weisberg v. Metropolitan Life Insurance Company et al

Filing 70

MEMORANDUM OPINION and ORDER granting 49 MOTION for Summary Judgment; denying 41 MOTION for Summary Judgment; For reasons stated within Dr. Weisberg's Motion for Partial Summary Judgment 41 is DENIED; Guardian's Motion for P artial Summary Judgment is GRANTED; Accordingly, the bad faith claims (counts two and three) are DISMISSED WITH PREJUDICE; As to the breach of contract claim (count one) this matter is SET for a Final Pretrial Conference on 12/6/2017 11:15 AM in th e Jury Assembly Room, 4th Floor, of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon; The court directs the parties to the Standard Pretrial Procedures attached as Exhibit A; Jury Trial set for 1/22/2018 at 9:00 AM in Courtroom 4A of the Hugo L Black US Courthouse, Birmingham, AL before Judge Abdul K Kallon. Signed by Judge Abdul K Kallon on 10/24/2017. (Attachments: # 1 Exhibit A)(KBB)

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FILED 2017 Oct-24 AM 09:33 U.S. DISTRICT COURT N.D. OF ALABAMA EXHIBIT A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA PRE-TRIAL DOCKET HON. ABDUL K. KALLON, PRESIDING BIRMINGHAM, ALABAMA This case is set for a pre-trial hearing pursuant to Rule 16 of the Federal Rules of Civil Procedure. A conference-type hearing will be held in the 4th floor jury assembly room in the Hugo Black Federal Courthouse in Birmingham, Alabama at the time indicated. The hearing will address all matters provided in Rule 16, including the limitation of issues requiring trial, rulings on pleading motions, and settlement possibilities. Counsel attending the conference are expected to be well-informed about the factual and legal issues of the case, and to have authority to enter appropriate stipulations and participate in settlement discussions. Counsel appearing at the conference will be required to proceed at trial notwithstanding the naming of others as designated trial counsel. Promptly upon receipt of this notice, plaintiff’s counsel is to initiate discussions with other counsel aimed at ascertaining which basic facts are not in dispute, at clarifying the parties’ contentions (for example, just what is denied under a “general denial”) and at negotiating workable procedures and deadlines for remaining discovery matters. At least four (4) business days in advance of the conference, plaintiff’s counsel is to submit to chambers (via email at kallon_chambers@alnd.uscourts.gov)a proposed Pre-trial Order in WordPerfect or Microsoft Word format, furnishing other counsel with a copy. It is anticipated that in most cases the proposed order, with only minor insertions and changes, could be adopted by the court and signed at the close of the hearing. A sample of a proposed Pre-trial Order is available on the Chamber web site (www.alnd.uscourts.gov/Kallon/Kallonpage) to illustrate the format preferred by the court and also to provide additional guidance and instructions. Each order must, of course, be tailored to fit the circumstances of the individual case. Counsel drafting this proposed order should consider the utility this document will provide for the litigants, the jury, and the court alike. The court anticipates using the pretrial order to (1) identify and narrow the legal and factual issues remaining for trial, and (2) provide jurors with the legal and factual context of the dispute. This order should not revisit at length arguments made in previous filings with the court, nor should it serve as another venue for adversarial posturing. Pretrial orders should be simple, short, and informative. IN ANY CASE WHERE COUNSEL HAVE ANNOUNCED SETTLEMENT TO THE COURT, A CONSENT JUDGMENT IN SATISFACTORY FORM MUST BE PRESENTED TO THE COURT PRIOR TO THE SCHEDULED TRIAL DATE; OTHERWISE, THE CASE WILL BE DISMISSED WITH PREJUDICE.

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