Hale et al v. USAA Casualty Insurance Company

Filing 24

COURTROOM MINUTES for Further Scheduling Conference / Motion Hearing held before Judge Richard P. Matsch on 1/14/2015. The appraisal award is accepted as the measure of damages on the claim for breach of contract. The defendant's defense to tha t claim may include the contention that the award should not have included the stonework and windows because there was no hail damage to those parts of the property. The plaintiff will not rely on attempts to influence or interfere with the appraisal process in pursuing the bad faith and unreasonable delay claims. Granting 16 Plaintiffs' Motion to Quash and for Protective Order. Scheduling Order is approved. FTR: K. Terasaki. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
Courtroom Deputy:
FTR Technician:

January 14, 2015
Emily Buchanan
Kathy Terasaki

Civil Action No. 14-cv-02283-RPM

Counsel:

RILEY HALE, individually, and
KRISTIN HALE, individually,

John Owen
Marie Drake

Plaintiffs,
v.
USAA CASUALTY INSURANCE COMPANY, a
Texas corporation,

David Schaller
Cara Dearman

Defendant.

COURTROOM MINUTES

FURTHER SCHEDULING CONFERENCE / MOTION HEARING
10:26 a.m.

Court in session.

Discussion regarding the question of discovery of the umpire and the appraisal process, Exhibit B (Doc.
No. 19-2), stonework at the house and the dispute as to the damage, the timing of the estimate as to the
stonework, what the appraisal award relied on, the question of hail damage, evidence of bad faith, and
experts.
Court informs counsel they may file a joint motion for reference for a settlement conference before
Magistrate Judge Mix.
ORDERED:

The appraisal award is accepted as the measure of damages on the claim for breach of
contract. The defendant’s defense to that claim may include the contention that the
award should not have included the stonework and windows because there was no hail
damage to those parts of the property. The plaintiff will not rely on attempts to influence
or interfere with the appraisal process in pursuing the bad faith and unreasonable delay
claims.

ORDERED:

Plaintiffs’ Motion to Quash and for Protective Order [Doc. No. 16] is GRANTED.

ORDERED:

Scheduling Order is approved.

10:43 a.m.

Court in recess.

Hearing concluded. Total time:

17 min.

2