Kmart Corporation v. Footstar, Inc.
Filing 148
WRITTEN Opinion entered by the Honorable Susan E. Cox on 2/15/2011; Defendant Liberty Mutual Fire Insurance Company has filed a motion to bifurcate any further discovery of plaintiff Kmart Corporation's bad faith claim and proceed first with whe ther Liberty Mutual has a duty to defend. Defendant Footstar, Inc. joins in Liberty Mutual's motion and has filed a separate brief in support. Upon review of the parties' arguments, we find that there are limited benefits to bifurcation at this point in the litigation. Liberty Mutual's motion is, therefore, 140 denied. The Court will consider this motion, and Kmart's previous motion to compel and for sanctions 136 as having the effect of staying discovery until the matters were resolved by the Court. The previous discovery cutoff of January 14, 2011 is, therefore, stricken and discovery is extended to March 18, 2011. (For further detail see minute order). Mailed notice(vkd, )
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