Ayers v. State Farm Mutual Automobile Insurance Company et al

Filing 58

ORDER denying without prejudice 33 motion to dismiss; denying 53 Motion. Signed by Judge Roy B. Dalton, Jr. on 10/19/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FRANK AYERS,
Plaintiff,
v.

Case No. 6:17-cv-1265-Orl-37TBS

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY; RUTH MIER GRAHAM;
GOVERNMENT EMPLOYEES
INSURANCE COMPANY; TAMMY
BOOTH; and STEVEN HERSH,
Defendants.
_____________________________________
ORDER
In the instant action, Plaintiff asserts, among others, a putative class action
breach-of-contract claim (“Class Claim”) against Defendant State Farm Mutual
Automobile Insurance Company (“State Farm”). (Doc. 2.) The Class Claim rests on the
theory that State Farm is required to provide its insureds with counsel prior to the
initiation of a third-party bodily injury lawsuit (“Coverage Issue”). (See id. ¶¶ 101, 103.)
After State Farm removed the action to this Court (see Doc. 31), the Court
concluded that it lacked sufficient evidence to determine whether State Farm had
satisfied the Class Action Fairness Act’s jurisdictional threshold and ordered it show
cause why this case should not be remanded. (Doc. 36. (“Show Cause Order”).) State
Farm and Plaintiff responded to the Show Cause Order (see Docs. 40, 45, 51), and the
matter was set for a hearing on October 17, 2017 (“October 17 Hearing”) (Doc. 50). At the
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October 17 Hearing, the Undersigned addressed the Show Cause Order and considered
several pending motions. (See Doc. 57.) So consistent with Court’s rulings at its
October 17 Hearing, it is ORDERED and ADJUDGED as follows:
1.

The Court’s Show Cause Order (Doc. 36) is DISCHARGED.

2.

Defendant State Farm’s Motion to Dismiss Complaint and Incorporated
Memorandum of Law (Doc. 33) is DENIED WITHOUT PREJUDICE.

3.

Defendant State Farm’s Motion to Redesignate Case from Track Two to
Track Three and Motion to Bifurcate Discovery (Doc. 53) is DENIED.

4.

On or before Friday, October 27, 2017, the parties are DIRECTED to file a
case management report.

5.

The deadline to complete discovery on the Coverage Issue identified in this
Order is Tuesday, January 16, 2018.

6.

On or before Thursday, February 15, 2018, the parties are DIRECTED to
file cross-motions for summary judgment limited to the Coverage Issue.
Fourteen days following the filing of such motions, each party may file a
response.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 19, 2017.

Copies to:
Counsel of Record
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