Dennington v. State Farm Fire and Casualty Company et al

Filing 121

ORDER granting in part 89 Motion to Compel. (See Order for specifics.) Signed by Honorable Barry A. Bryant on April 18, 2016. (mll)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAMES STUART and CAREDA L. HOOD, individually on behalf of all others similarly situated v. PLAINTIFFS No. 4:14-CV-04001 STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM GENERAL INSURANCE COMPANY DEFENDANTS ORDER On the 7th day of April, 2016, came on to be heard the Plaintiffs’ Motion to Compel Discovery Regarding Payments of Withheld Labor Depreciation (ECF No. 89), with the Plaintiffs appearing by and through their counsel, Matt Keil, Tom Thompson, and Casey Castleberry, and the Defendants appearing by and through their counsel, John Moore and Beverly Rowlett. Based upon the pleadings before the Court, the argument of counsel, and the law, the Court hereby grants the Motion in part, as follows: 1. Defendants shall produce a Rule 30(b)(6) witness or witnesses to testify as to the process State Farm Fire used when issuing its recent supplemental actual cash value payments in Kentucky and Missouri and the methodology employed by State Farm Fire to determine the amount of the payment. 2. Defendants shall produce sample claim files from Missouri and Kentucky that were reviewed for issuance of a supplemental payment. For each state, the production shall include files where a supplemental payment was issued and files where no payment was issued after review. For each state, Defendants shall provide Plaintiffs’ counsel with a listing of the claim numbers for the claims reviewed and a listing of the claim numbers for which claims were issued. The parties are conferring regarding the number of files to be produced from each state. If the parties cannot agree, either party may file a motion to ask the Court to make that determination. IT IS SO ORDERED this 18th day of April 2016. /s/ Barry A. Bryant_____________ Hon. Barry A. Bryant United States Magistrate Judge Prepared by: /s/ Casey Castleberry Casey Castleberry, counsel for Plaintiffs Approved as to form only by: /s/ John Moore John Moore, counsel for Defendants 2

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