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)

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
[e-mail])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.