Gann v. Household Life Insurance Company

Filing 96

ORDER cancelling the 17 September 2014 settlement conference. Household Life's motion to stay, 95 , is granted in part as modified, denied in part, and held in abeyance in part. The case doesn't need a stay. The 40 Scheduling Order is su spended and the trial is cancelled. An Amended Final Scheduling Order setting the case for trial in Jonesboro on 23 March 2015 will issue. Gann should respond on the Rule 60 issues about the vacated Order and Judgment by 19 September 2014. Household Life may reply by 30 September 2014. Thereafter, the Court will rule on those issues, and the merits of the cross motions for summary judgment if those motions remain open for decision. We'll have the new trial date if we need it. Signed by Judge D. P. Marshall Jr. on 9/3/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

CRYSTAL GANN

v.

PLAINTIFF
No. 3:13-cv-71-DPM

HOUSEHOLD LIFE INSURANCE
COMPANY

DEFENDANT

ORDER
1. This case is tangled up. On the same day the Court filed its Order
with post-reassignment directions, NQ 94, Household Life filed a motion, NQ
95, and faxed the attached letter (duplicative exhibits omitted), to chambers.*
Household Life doesn't want to participate in the settlement conference.
That's each party's choice, of course. The 17 September 2014 settlement
conference is therefore canceled.
2. Household Life's motion to stay is granted in part as modified,

denied in part, and held in abeyance in part. The case doesn't need a stay.
The Scheduling Order, NQ 40, is suspended and the 3 November 2014 trial is
canceled. An Amended Final Scheduling Order setting the case for trial in

* substantive communications with the Court should be filed with
All
the Clerk to maintain the record.

Jonesboro on 23 March 2015 will issue. (This is a second-out setting.) The
pretrial deadlines will be after the first of the year, which will give the Court
time to address the pending motions and avoid unnecessary pretrial work for
the parties.
3. Gann should respond on the Rule 60 issues-cover Rule 60(a) &
(b)-about the vacated Order and Judgment by 19 September 2014.
Household Life may reply by 30 September 2014. Thereafter, the Court will
rule on those issues, and the merits of the cross motions for summary
judgment if those motions remain open for decision. We'll have the new trial
date if we need it.
***

Motion, NQ 95, granted in part as modified, denied in part, and held in
abeyance in part.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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FRIDAY

400 West Capitol Avenue
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ELDREDGE

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Fax To: JpdgeMarshall
Fax No: 6045417
Subject:

Gann v. Household Life (No. 3:13-cv-00071)

Message:

Date: o9t02120l4 1o~59
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Judge Marshall:
Please find the letter and attached documents relating to the case that has recently been re-assigned to
you.
Please call or e-mail me if you have any questions or if we can be of any further assistance.
BRUCE B. TIDWELL

[e-mail]

I

I

ATTORNEY

Direct (~01) 370·1 498

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file://D:\firmax\IFBIN\imetemp\-imey12.htm

9/2/2014

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September 2, 2014

Hon. D.P. Marshall, Jr.
United States District Judge
Eastern District of Arkansas
600 West Capitol Ave.J Suite Bl49
Little Rock, AR 72201
Re:

Via Tele(ax to 604-5417

Crvstal Gann v. Household Life Insurance Company
(CaseNo. 3:13-cv-00071-BSM)

Dear Judge Marshall:
On behalf of our client-- Household Life Insurance Company ("Household Life'') - this
letter is to object to recent events in the above-referenced case that has been transferred to you
and to request that summary judgment in favor of our client be re-entered as soon as possible.
At the end of discovery, our client submitted a Renewed Motion for Summary Judgment
[Doc. 80]. At the request of the Plaintiff, Household Life voluntarily agreed to participate in
mediation. However, on August 28, 2014, the Court issued an Order [Doc. 90] which found
that the Renewed Motion for Summary Judgment should be granted in favor of Household Life
and a Judgment was .entered {Doc. 90]. We advised our client of this development and the
Household Life representative that was scheduled to attend the mediation cancelled his plans to
be in Little Rock and made plans to attend to other business.
After the Order granting suinmary judgment was forwarded to our client, a text entry
removing the Order and Judgment I was entered and Judge Miller then entered his Order of
Recusal [Doc. 92]. Our client feels that the withdrawing ofthe previous Order granting
summary judgment is highly inappropriate and prejudicial. After engaging in substantial
discovery, the undisputed facts demonstrate that our client is entitled to entry of summary
judgment for the reasons noted in the Order [Doc. 90]. The fact that our client is entitled to
entry of summary judgment is independent of and should not be influenced by any settlement
possibilities or discussions. Denial of summary judgment and the withdrawing oftbe previously
issued Order granting summary judgment is highly prejudicial to Household Life.

1

Due to their removal from the record, copies of the Order [Doc. 90) and Judgment {Doc. 91]
are being attached to this letter.

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Hon. D.P. Marsh~ll~ Jr.
September ~, 2014
Page2

In order to correct the current situation, Household Life is asking that this Court

A

Enter an Order reinstating the Order granting summary judgment previously
entered by Judge Miller [Doc. 90] or cause another order to be entered granted
summary judgment based on the same rationale.

B.

Canc.el the mediation originally scheduled for September 17, 2014. Under the
circumstances, Household Life does not want to incur the additional costs for
pursuing a mediation that will likely be a waste of time.

Alternatively, if the Court needs additional time to consider the pending renewed motion
for summary judgment, Household Life asks that this Court cancel all previously scheduled
deadlines and the November trial date pending the Court's analysis. Our client is confident that
- like Judge Miller - a thorough review of the pleadings, proof and argument will lead this Court
to the conclusion that summary judgment should be granted to Household Life. In short, our
client should not be forced to incur additional costs preparing for a trial where summary
judgment is appropriate (and has already been granted).

If you have any questions or if we can be of any further assistance to the Court, please
either e-mail me at [e-mail] or give me a call at [phone].
Very truly yours,
FRIDAY, ELDREDGE & CLARK,

LLP

Bruce B. Tidwell
Attachments
cc:

Andrea Giannetta (Via E-Mail)
Martin Kasten
David Hodges (Via Fax to 374-8926)