Price v. USAA Casualty Insurance Company

Filing 64

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DANIEL PRICE, Individually, and On Behalf of All Others Similarly Situated V. PLAINTIFFS NO. 10-2152 UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE COMPANY, USAA GENERAL INDEMNITY COMPANY, and USAA DEFENDANTS ORDER 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. /s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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