Moore v. Shelter Mutual Insurance Company
ORDER denying 38 Motion for Partial Summary Judgment, as set forth. Further this matter is hereby scheduled for a Pretrial Conference on 3/10/2014 10:00 AM followed by a Jury Trial beginning at 1:00 PM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson. Signed by Honorable Robert T. Dawson on March 4, 2014. (lw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CIVIL NO. 13-2092
SHELTER MUTUAL INSURANCE COMPANY
Currently before the Court are Defendant’s Motion for Partial
Summary Judgment and supporting documents (docs. 38-40), Plaintiff’s
Partial Response (doc. 52) and Statement of Disputed Facts (doc. 53),
and Defendant’s Reply (doc. 62).
Having reviewed the pleadings and the evidence on file; viewing
the evidence in the light most favorable to the non-moving party as
required, the Court finds the Motion (doc. 38) should be DENIED as
there remain genuine issues of disputed material facts in connection
with Plaintiff’s bad faith and deceptive trade practices claims,
regarding Defendant’s actions constitute affirmative misconduct and
bad faith and/or unfair claims settlement practices.
The Motion (doc. 38) is further DENIED as it is premature for
the Court to fully consider the issues set forth as discovery
remained ongoing in this case until February 28, 2014; a mere ten
days before the beginning of the jury trial scheduled for March 10,
2014. The Court notes that the delay in completing discovery in this
case was due, in part, to the necessity of Plaintiff filing a motion
to compel discovery from Defendant that was granted, in part.
This matter is hereby scheduled for a pretrial conference on
March 10, 2014, at 10:00 a.m. followed by a jury trial beginning at
IT IS SO ORDERED this 4th day of March 2014.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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