Canopius Capital Two Limited et al v. Jeanne Estates Apartments, Inc. et al

Filing 34

ORDER granting 33 Motion to Bifurcate Discovery. (See Order for specifics.) Signed by Honorable Susan O. Hickey on March 20, 2017. (mll)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CANOPIUS CAPITAL TWO LIMITED, et al

v.

PLAINTIFFS

Case No. 4:16-cv-4032

JEANNE ESTATES APARTMENTS, INC., et al

DEFENDANTS

ORDER
Before the Court is the parties’ Agreed Motion to Bifurcate Discovery (ECF No.
33). This is an action seeking a declaratory judgment as to the rights and obligations of the
parties pursuant to an insurance policy issued by Plaintiff Canopius Capital Two Limited.
Plaintiff seeks a declaratory judgment from the Court regarding its contractual obligations to
defend and indemnify Defendant-Insureds with respect to the claims in the underlying
lawsuit filed by Defendant-Claimants, Vanessa Griffin, et al. v. Twenty First Century
Holiness Tabernacle Church, Inc., et al., No. 4:14-cv-4065.

The underlying lawsuit is

currently pending before this Court.
The Court finds that bifurcation of the discovery period is warranted in this case. The
following supplemental schedule, in conjunction with the Court’s Final Scheduling Order (ECF
No. 31), will govern this case, and the parties may not amend or deviate from it without leave of
Court:
1.

Discovery:

(c)

Discovery as to Plaintiffs’ duty to defend or indemnify (“Coverage Discovery”)

must be completed no later than April 10, 2017. No later than 5 days following the Court’s

ruling on the dispositive motions referenced in 2.(f) below, the parties will propose to the Court a
general discovery deadline, if necessary. The Court’s current May 22, 2017 general discovery
deadline is stayed.
2.

Motions:

(f)

All dispositive motions as to Plaintiffs’ duty to defend and/or indemnify

(“Coverage Motions”) must be filed no later than 30 days after the close of Coverage Discovery.
Responses must be filed no later than 14 days from the file date of the motion, and replies, if
any, no later than 7 days from the file date of the response. Should the case proceed following
the Court’s ruling on Coverage Motions, the parties will propose to the Court an all dispositive
motions deadline no later than 5 days following the Court’s ruling.
All other deadlines shall remain as stated in the Finial Scheduling Order (ECF No. 31).
IT IS SO ORDERED, this 17th day of March, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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