Runyan v. Transamerica Life Insurance Company et al

Filing 30

ORDER denying 18 MOTION for Discovery Conference filed by Transamerica Life Insurance Company. Signed by Honorable Jimm Larry Hendren on October 14, 2008. (jrs)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION EDISON RUNYAN, Individually and on behalf of all others similarly situated V. Civil No. 08-6034 DEFENDANT

PLAINTIFF

TRANSAMERICA LIFE INSURANCE COMPANY ORDER

Currently before the Court is the defendant's Motion for Joint Case Management Conference and Coordinated Discovery in Related Actions (Doc. 18), the plaintiff's Opposition (Doc. 21), and the defendant's Reply (Doc. 23). The Court, being

well and sufficiently advised, finds and orders as follows with respect thereto: 1. On May 21, 2008, the Court entered an order staying

this action pending a decision by the Judicial Panel on Multidistrict Litigation (MDL) on the defendant's motion to transfer this action for coordinated and consolidated pretrial proceedings with six other similar actions. The actions

involve supplemental cancer insurance policies administered by the defendant or its affiliate. 2. On August motion 11, to 2008, the MDL Panel that the denied the the

defendant's involved

transfer,

finding of

cases

"the

proper

interpretation

term

`actual

charges' in certain `cancer only' insurance policies issued by

defendants."

It also found that this was a legal issue and,

as such, the need for extensive overlapping discovery was unlikely. 3. (Doc. 17.) Given the MDL panel's ruling, the stay previously The defendant management

imposed by the Court is no longer in effect. now moves the Court to conduct a joint

case

conference for the purpose of coordinating discovery and pretrial scheduling in this case and three other cases: * Pipes v. Life Investors Ins. Co of America, Inc., Case No. 1:07-cv-00035 (E. D. Ark.) (Hon. Susan Webber Wright); * Mitchell v. Life Investors Ins. Co. of America, Inc., Case No. 4:07-cv-0484 (W.D. Ark.) (Hon. Harry Barnes); and * Adams v. Equity National Life Ins. Co., Case No. 2:07-cv-00154 (E.D. Ark.) (Hon. Brian Miller). 4. management The defendant filed similar motions for a joint case conference in each of the above cases. On

September 22, 2008, Judge Miller denied the motion filed in the Adams case. On September 25, 2008, Judge Wright denied This Court agrees with the

the motion in the Pipes case.

findings of Judge Miller and Judge Wright that a joint case management unwarranted. conference and coordinated discovery are

Accordingly, DENIED.

defendant's

Motion

(Doc.

18) is

hereby

An initial scheduling order will issue forthwith.

IT IS SO ORDERED this 14th day of October, 2008.

/s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE