Price v. USAA Casualty Insurance Company
ORDER directing parties to file briefs addressing questions raised in the telephonic hearing. Defendants shall have until 11/8/11 to file his brief and Plaintiff shall have until 11/22/11 to file his brief. In the event Defendants wish to file a reply brief, they should file a motion requesting such within five days of the filing of Plaintiffs brief. Signed by Honorable Erin L. Setser on October 25, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DANIEL PRICE, Individually, and On Behalf
of All Others Similarly Situated
UNITED SERVICES AUTOMOBILE
ASSOCIATION, USAA CASUALTY
INSURANCE COMPANY, USAA GENERAL
INDEMNITY COMPANY, and USAA
On this same date, the Court conducted a telephonic hearing, asking counsel for the
parties to address a question raised by the undersigned regarding subject matter jurisdiction in
this case - that is, whether the 12% statutory penalty and attorneys’ fees provided for in Ark.Code
Ann. § 23-79-208 are properly included in computing the amount in controversy under the facts
alleged in this case. The Court agreed to allow the parties to address the issues in briefs.
In accordance with the Court’s direction given during the telephonic hearing, the
Defendants shall have until November 8, 2011 to file a brief addressing these issues, and Plaintiff
shall have until November 22, 2011 to file his brief. In the event Defendants wish to file a reply
brief, they should file a motion requesting such within five days of the filing of Plaintiff’s brief.
IT IS SO ORDERED this 25th day of October, 2011.
Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?