Capson Physicians Insurance Company v. MMIC Insurance Inc

Filing 80

ORDER granting 78 Motion to Extend deadlines. Discovery is extended until 27 March 2015 and dispositive motion deadline is extended until 6 April 2015. The Hasiks' depositions will proceed pursuant to the Court's prior Order 76 . The Cou rt orders counsel for all parties to confer by conference call about the scheduling issues before 30 January 2015 and file a joint status report by 6 February 2015. Counsel are directed to address the issue of a settlement conference in the February report as well. The Court directs MMIC to file an addendum to its responding papers. Two page addendum due by 27 January 2015. Signed by Judge D. P. Marshall Jr. on 1/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CAPSON PHYSICIANS
INSURANCE COMPANY

v.

PLAINTIFF/
COUNTER DEFENDANT

No. 3:13-cv-157-DPM

MMIC INSURANCE INC.

DEFENDANT/
COUNTER CLAIMANT

MMIC INSURANCE INC.

CROSS-CLAIMANT

v.
DR. KARL J. HASIK; LILLIAN WILSON,
Individually and as Special Administratrix
for the Estate of J.A.W., deceased; SAMANTHA
RAY, Individually and as next friend and
guardian of A.L.R., a minor; DERECK RAY,
Individually and as next friend and guardian
of A.L.R., a minor; and DOE, A.L.R., a minor
CROSS-DEFENDANTS
ORDER
1. Dr. Hasik's motion to extend deadlines, NQ 78, is granted: discovery
is extended until 27 March 2015; and the dispositive motion deadline is
extended until 6 April 2015. The Hasiks' depositions will proceed pursuant
to the Court's prior Order, NQ 76. The Hasiks' depositions must proceed on
the soonest mutually convenient date. The expedited briefing schedule, NQ
76 at ,-r3, on the motion to stay remains in place.

2. The Court orders counsel for all parties to confer by conference call
about the scheduling issues before 30 January 2015 and file a joint status
report by 6 February 2015.
3. On mediation: the Court doesn't order a settlement conference unless
all parties want one. It can be done by the Magistrate Judge on the case (Ray,

J.) or by a private mediator, at the parties' election. Address this issue in the
February report too.
4. On the hospital's request to intervene: the Court directs MMIC to file
an addendum to its responding papers. Does MMIC agree that, under Ark.
Code Ann.§ 23-79-209, if Dr. Hasik prevails in securing this Court's judgment
that MMIC owes coverage for the Ray and Wilson cases, then Dr. Hasik will
be entitled to recover reasonable attorney's fees incurred (either by him or the
hospital) in defending those cases? If not, why not? Two-page addendum
due by 27 January 2015.
So Ordered.
(/

D.P. Marshall Jr.
United States District Judge

-2-