Hibbard et al v. Country Mutual Insurance Company

Filing 40

ORDER granting 24 Defendant's motion for leave to amend its Answer and Affirmative Defenses; denying as moot 25 Plaintiffs' motion for partial summary judgment; and confirming other rulings made on the record at the hearing. Signed by Magistrate Judge Philip R. Lammens on 11/14/2014. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
RICHARD HIBBARD, JR. and
BROOKE HIBBARD,
Plaintiffs,
v.

Case No: 5:14-cv-41-Oc-10PRL

COUNTRY MUTUAL INSURANCE
COMPANY
Defendant.

ORDER
On November 12, 2014, the Court heard oral argument on Defendant’s motion for leave to
amend its Answer and Affirmative Defenses (Doc. 24) to cite to a different version of an insurance
policy exclusion. For the reasons stated discussed on the record at the hearing, it is ORDERED:
1. Defendant’s motion for leave to amend its Answer and Affirmative Defenses (Doc. 24)
is GRANTED. Although there may have been some neglect on the part of Defendant, there was
no showing of bad faith or dilatory motives. Plaintiffs have been aware of Defendant’s reliance
on the different version of the policy exclusion since before this action was filed. Indeed,
Plaintiffs even attached a copy of the exclusion to their Amended Complaint. Moreover, any
prejudice caused by the amendment is cured by extending the case management deadlines as
discussed below. The Clerk shall file Defendant’s Amended Answer and Affirmative Defenses
(filed as Exhibit C to Doc. 24) as a separate docket entry.
2. The discovery deadline is extended until December 10, 2014 for the limited purpose

of Plaintiffs taking the deposition of Defendant’s corporate representative and a person qualified
to testify about underwriting. Defendant shall produce these witnesses at its expense in either
Ocala or Tampa, at Plaintiffs’ preference. Defendant shall also pay for the transcripts of these
depositions.
3. Based on Plaintiffs’ representation that they intend to file a new dispositive motion
after conducting these depositions, Plaintiffs’ motion for partial summary judgment (Doc. 25) is
DENIED as moot. Plaintiffs’ deadline to file a dispositive motion is extended until December
31, 2014.
4. Based on these new case deadlines, the case cannot proceed to trial in January 2015, as
currently set. Accordingly, this matter is rescheduled for the trial term beginning April 6, 2015.
The clerk shall issue a separate Order setting the final pretrial conference and trial.
5. On or before November 26, 2014, the parties shall confer and advise the Court if they
would like to mediate before a Magistrate Judge (either myself or another Magistrate Judge not
assigned to this case). In addition, they shall notify the Court by this date if they consent to trial
before the undersigned, at which point the Court will schedule a telephonic case management
conference and set the case for trial on a date certain.
DONE and ORDERED in Ocala, Florida on November 14, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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