Hale et al v. USAA Casualty Insurance Company

Filing 21

ORDER denying 17 Plaintiffs' Motion for Partial Summary Judgment. A scheduling conference will be convened and the question of discovery of the umpire and the appraisal process will be discussed at that time, by Judge Richard P. Matsch on 12/8/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02283-RPM
RILEY HALE and
KRISTIN HALE,
Plaintiffs,
v.
USAA CASUALTY INSURANCE COMPANY,
Defendant.

_____________________________________________________________________
ORDER DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
AND FOR SETTING SCHEDULING CONFERENCE
_____________________________________________________________________
At the scheduling conference held on October 15, 2014, the parties discussed
the appraisal award made in this case. As a result of that discussion, the Court
considered the appraisal award to be analogous to an arbitration award and its
enforcement would negate the claims for bad faith and violation of C.R.S.§ 10-3-1115
and § 10-3-1116. The plaintiffs filed a motion for partial summary judgment on
November 14, 2014, [Doc. 17], seeking enforcement of the appraisal but continuing to
make the claims for bad faith and statutory violations. The plaintiffs also filed a motion
to quash and for protective order on November 5, 2014, seeking to prevent the
deposition of David Manville concerning the appraisal decision-making process [Doc.
16]. The defendant filed its response to the motion to quash and for protective order on
December 1, 2014, [Doc. 19], and a motion to strike plaintiffs’ partial motion for
summary judgment, [Doc. 18]. The defendant also filed a motion for extension of time
to respond to the motion for partial summary judgment [20]. It is now

ORDERED that the plaintiffs’ motion for partial summary judgment is denied. A
scheduling conference will be convened and the question of discovery of the umpire
and the appraisal process will be discussed at that time.
Dated: December 8th, 2014
BY THE COURT:

s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge