National Fire and Marine Insurance Company v. Lindemann et al

Filing 161

ORDER denying without prejudice 133 Motion for Summary Judgment. National Fire may refile its motion after the completion of discovery in this case, if it so chooses. Signed by Judge David R. Herndon on 11/13/2017. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
NATIONAL FIRE AND MARINE
INSURANCE COMPANY,
Plaintiff,
v.
LEE LINDEMANN, Special Administrator of the
Estate of Sue Ann Lindeman, and ST.
ELIZABETH’S HOSPITAL OF THE SISTERS
OF THE THIRD ORDER OF ST. FRANCIS,
Defendants;

Case No. 15-cv-910-DRH-DGW

And,
ST. ELIZABETH’S HOSPITAL OF THE
SISTERS OF THE THIRD ORDER OF ST.
FRANCIS,
Cross-Claimant
v.
ERICK FALCONER, MIDWEST EMERGENCY
DEPARTMENT SERVICE, INC., NATIONAL FIRE
AND MARINE INSURANCE COMPANY, and WESTERN
HEALTHCARE, LLC.
Cross-Defendants;
And,
MIDWEST EMERGENCY DEPARTMENT
SERVICE, INC.,
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Cross-Claimant.
ORDER
HERNDON, District Judge:
Pending before the Court is Plaintiff National Fire and Marine Insurance
Company’s motion for summary judgment (Doc. 133). St. Elizabeth’s Hospital has
responded and oppose the motion as premature (Doc. 135). For the reasons
stated below, the Court DENIES as premature National Fire’s motion for
summary judgment (Doc. 133).
FEDERAL RULE OF CIVIL PROCEDURE RULE 56(d) provides:
“When Facts Are Unavailable to the Nonmovant. If a nonmovant shows
by affidavit or declaration that, for specified reasons, it cannot present
facts essential to justify its opposition, the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to take
discovery; or
(3) issue any other appropriate order.”
Based a review of the pleadings, St. Elizabeth’s Hospital makes a sufficient
showing of good cause for their inability to respond to National Fire and Marine
Insurance Company’s motion at this time. Given the Court’s September 27, 2017
Order (Doc. 140) directing that National Fire produce the underwriting file and
the claim file, and the pending motion regarding enforcement of that Order (Doc.
152), which is currently under advisement, defendants contend that issues of
material fact clearly remain in this case, and more importantly, National Fire is in
possession of information and documents pertaining to issues relevant to the
motion for summary judgment. Accordingly, the Court DENIES without
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prejudice National Fire’s motion for summary judgment (Doc. 133). National Fire
may refile its motion after the completion of discovery in this case, if it so
chooses.

Digitally signed by
Judge David R. Herndon
Date: 2017.11.13
13:26:29 -06'00'

IT IS SO ORDERED.

United States District Court Judge

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