Maryland Casualty Company et al v. Dublin Eye Associates, P.C. et al

Filing 21

ORDER granting 20 Motion to Stay. Discovery is stayed pending the ruling on the motion for summary judgment. The parties are to file a Joint Statement of Undisputed Material Facts by April 6, 2016; their motions for partial summary judgment by April 27, 2016; and their responses by May 23, 2016.Reply briefs are to be filed by June 9, 2016. Signed by Magistrate Judge Brian K. Epps on 3/14/16. (cmr)

C|IGINAL
R
DISTRICT
COURT
IN THEUNITEDSTATES
FORTIIE SOUTHERN
DISTRICT GEORGIA
OF
DUBLINDIVISION

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IVIAR\aLAND
CASUALTY COMPANYand
INSURANCE
SIGNATURE
FOREMOST
COMPANY,
Plaintiffs,

Civil Action
FileNo. 3 :15-cv-00081-LGW-BKE

P.C.;
DUBLINEYEASSOCIATES, DR.ROGER
D. SMITH;andDR.JAMESY. JONES,
Defendants,
ORDER ON JOINT MOTION TO STAY DISCOVERY AND TO
SCHEDT]LEFILING Otr'MOTIONS FOR PARTIAL SUMMARY JTJDGMENT
Filing
Currentlybeforethe Court is the Joint Motion to StayDiscoveryand to Schedule
and, for good causeshown,the motion is hereby
of Motions for Partial SummaryJudgment,
pendingthe Court's consideration motionsfor
of
GRANTED. Discoveryin this lawsuitis stayed
judgmenton the soleissueofwhetherthe Defendants'
partialsummary
settlement
ofan awardof
'lnalicious prosecution"as containedin the
afiomey's fees in underlyinglitigation constitutes
policiesat issuein this lawsuit.
injury" in the insurance
definition of'lersonal and advertising
The Partiesare to file a Joint Statement UndisputedMaterial Factsby April 6, 2016; their
of
judgmentby April 27, 2016;and their responses May 23, 2016.
motionsfor partial summary
by
Replybriefs areto be filed by June9, 2016.
Shouldthe Court grant Plaintifls Maryland CasualtyCompanyand ForemostSignature
judgment,the entire lawsuitwill be resolved
Insurance
Company'smotion for partial summary
and there will be no future issuesto litigate. Shouldthe Court grant DefendantDr. JamesY.
judgment,discoverywill reopenfor a period of ninety days
Jones'motion for partial summary

4841-2070-3823
.1

running from the date of such order so that the parties can litigate the remaining arguments
policiesat issuein this lawsuit,including,but not limited
coverage
underthe insurance
regarding
to, whetherDr. Jonesprovidedtimely notice of the claims at issuein this lawsuit and whether
Dr. Jones is an "insured" under the Policies. Any remaining civil motions, including any
judgment,will be duethirty dayslater,
motionsfor summary
subsequent

BR9AN EPPS
K.
MAGISTRATE
JUDGE
UNITEDSTATES
DISTRICT GEORGIA
OF
SOUTFIERN
to
Consented by:

Consented by:
to

M.
/s/Seth Friedman
M. Friedman
Seth
Bar
Georgia No. 141501
LEWIS BRISBOISBISGAARD
& SMITTILLP
NE
Street,
1180Peachtree
Suite2900
Atlanta,Georgia 30309
(Telephone)
404.348.8585
(Facsimile)
404.467.8845
[e-mail]
Attorneyfor Plaintffi

/s/ DavidL. Bury.Jr.
Ward Stone,
Jr.
Georgia No. 684630
Bar
David L. Bury, Jr.
Georgia No. 133066
Bar
Stone& Baxter,LLP
Suite800,Fickling & Co. Building
577 Mulberry Street
Macon,
GA 31201
478.750.9898(Telephone)
(Facsimile)
478.7 0.9899
5
wstone@stonebaxlg{.
com
[e-mail]
Attorneyfor DefendantJamesY. Jones

4841-2020-382].l