Martinez et al v. Cincinnati Incorporated et al

Filing 28

ORDER denying without prejudice 11 Motion for summary judgment. 20 Amended Motion to Intervene granted as modified. Revised complaint in intervention due by 1/25/2017. 18 Motion to intervene denied as moot. 27 Joint Motion for extension granted. Rule 26(f) report due by 2/6/2017. Signed by Judge D. P. Marshall Jr. on 1/11/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
QUINTON D MARTINEZ and
REBECCA MARTINEZ

v.

PLAINTIFFS

No. 3:16-cv-257-DPM

CINCINNATI INCORPORATED
and MARTIN MACHINE & TOOL INC.

DEFENDANTS

PLAZA INSURANCE COMPANY

INTERVENOR

ORDER
1.

Cincinnati's motion for summary judgment is denied without

prejudice. This case just started. Neither the legal issues nor the material
facts are clear and certain enough to pull the plug now. The Marley affidavit
and incorporated report satisfies Federal Rule of Civil Procedure 56(c)(4), and
the Martinezes have made a sufficient showing for discovery under Rule
56(d). Verson Allsteel Press Co. v. Garner, 261Ark.133, 547 S.W.2d 411 (1977)
is illuminating authority. But as the Martinezes point out, there are some
differences in this case, most importantly that there was a full factual record
in Verson, including testimony subject to cross examination. We'll all see the
legal issues more clearly after some discovery.

2.

Plaza Insurance's motion to intervene is granted as modified. The

workers compensation carrier for Mr. Martinez's employer will have a
statutory lien if Mr. Martinez is made whole by the case. Riley v . State Farm
Mutual Automobile Insurance Company, 2011 Ark. 256, 11-16, 381S.W.3d840,

848-50. Until then, the insurer's interest is uncertain. The Court exercises its
discretion in these circumstances and grants Plaza Insurance permissive
intervention, FED. R. Crv. P. 24(b)(l)(B), to participate only on these issues:
settlement, the terms of any judgment, and the existence and enforcement of
any lien. Amos v. Stroud, 252 Ark. 1100, 1104, 482 S.W.2d 592, 594-95 (1972).
3.

The joint motion to extend the Rule 26(f) report deadline is

granted for good cause.

*

*

*

Motion for summary judgment, Ng 11, denied without prejudice.
Amended motion to intervene, Ng 20, granted as modified. Revised complaint
in intervention due by 25 January 2017. (The Clerk should retitle Ng 20 in the
docket.) Original motion to intervene, NQ 18, denied as moot. Joint motion for
extension, Ng 27, granted. Rule 26(£) report due by 6 February 2017.

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So Ordered.

D.P. Marshall Jr. 7
United States District Judge

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