Illiana Surgery and Medical Center LLC v. Hartford Fire Insurance Company
Filing
311
OPINION AND ORDER: Court OVERRULES 304 Objections to Magistrate Judge Rodovich's Order of 7/10/2014. Signed by Judge Joseph S Van Bokkelen on 10/6/2014. (tc)
United States District Court
Northern District of Indiana
Hammond Division
ILLIANA SURGERY AND
MEDICAL CENTER LLC, et al.,
Plaintiffs,
v.
HARTFORD FIRE INSURANCE
COMPANY,
Defendant.
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Civil Action No. 2:07-CV-3 JVB
OPINION AND ORDER
Defendant Hartford Fire Insurance Company has filed objections to Magistrate Judge
Andrew Rodovich’s order of July 10, 2014 (DE 304). In that order (DE 303), Judge Rodovich
ruled that, if Hartford re-filed its motions for summary judgment against Plaintiffs Illiana
Surgery and Medical Center LLC and iHeathcare Inc. (“Illiana”) pursuant to this Court’s order
of September 7, 2011, it could only re-file its previous motions for summary judgment that this
Court had denied without prejudice. Hartford asks this Court to modify Judge Rodovich’s ruling
to allow it to file new motions for summary judgment. For the reasons set out below, the Court
OVERRULES Hartford’s objections and declines to modify Judge Rodovich’s order.
A.
Standard of Review
In considering objections to a magistrate judge’s order on a nondispositive matter, a
district court may modify or set it aside only if it is “clearly erroneous or is contrary to law.”
Fed. R. Civ. P. 72(a). Under the clear error standard a district court can overturn a magistrate
judge’s ruling only if the district court is left with the definite and firm conviction that a mistake
has been made. Weeks v. Samsung Heavy Indus. Co., Ltd. 126 F.3d 926, 943 (7th Cir. 1997).
Under the contrary to law standard, the district court undertakes a plenary review of purely legal
determinations, setting them aside only if the magistrate judge applied an incorrect legal
standard, or if it misapplied the relevant statutes, case law, or rules of procedure, Barton v.
Zimmer Inc., 2008 WL 2484604, *1 (N.D. Ind. June 19, 2008).
B.
Background
On December 9 or 10, 2004, someone accessed and destroyed Illiana’s medical
management computer system. Hartford was Illiana’s insurer under a policy that covered lost
business personal property and electronic vandalism. Illiana sued Hartford on December 7,
2006, alleging breach of the insurance contract and breach of its duty of good faith and fair
dealing.
Hartford’s belated production of claims file documents resulted in this Court’s order of
September 2, 2011, reopening discovery for Illiana alone and sanctioning Hartford by requiring
it to pay Illiana’s attorney fees. The order further stated that following the close of discovery,
Illiana could file supplements to its motion for summary judgment and its responses to
Hartford’s motions for summary judgment. Then, on September 7, 2011, this Court entered an
order that denied the pending motions for summary judgment without prejudice and with leave
to re-file after discovery closed.
C.
Discussion
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Magistrate Judge Rodovich’s interpretation of this Court’s orders of September 2 and 7,
2011, is not clearly erroneous or contrary to law. When the Court sanctioned Hartford by reopening discovery and allowing Illiana to supplement its summary judgment motion and
responses to Hartford’s motions, it did not intend to give Hartford the opportunity to revise, reprioritize, or re-articulate its summary judgment arguments. The privilege of supplementing its
motion was granted to Illiana alone. The Court did not intend to burden Illiana with the chore of
responding to new arguments from Hartford. While Hartford characterizes the failure to allow it
to file re-tooled motions as an additional sanction on it, this is not the case. Rather, it is a refusal
to reward Hartford for its violation of discovery orders by allowing it a second bite at the apple.
Hartford also asks for a modification of Judge Rodovich’s order which would permit it to
address any new legal or factual arguments made by Plaintiffs and to make use of the entire
evidentiary record in any future proceedings or at trial. Judge Rodovich’s order did not address
what evidence Hartford may use in the summary judgment briefing or at trial and neither will
this Court.
D.
Conclusion
For the foregoing reasons, Hartford’s objections to Magistrate Judge Rodovich’s order of
July 10, 2014, (DE 304) are OVERRULED.
SO ORDERED on October 6, 2014.
s/ Joseph S. Van Bokkelen
Joseph S. Van Bokkelen
United States District Judge
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