Liberty Mutual Insurance Company v. Marine Electric Company, Inc. et al

Filing 12

MEMORANDUM AND OPINION by Judge John G. Heyburn, II on 2/2/12; individual Defendants are allowed to and including March 16, 2012, in which to file their answer and any counterclaims; individual Defendants shall file their responsive pleadings on or before March 16, 2012cc:counsel (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11-CV-562-H

LIBERTY MUTUAL INSURANCE COMPANY

PLAINTIFF

V.
MARINE ELECTRIC COMPANY, INC.
CHARLES A. WIRTH and
FRANCES B. WIRTH

DEFENDANTS

MEMORANDUM AND ORDER
On October 7, 2011, Liberty Mutual Insurance Company filed this complaint against
Marine Electric Company, Charles A. Wirth and Frances B. Wirth. Marine Electric has already
answered the complaint. In this motion, the individual Defendants request an extension of time
to complete “limited” discovery prior to filing their answer.
Although Liberty Mutual has vigorously objected on the grounds that discovery will
yield no results and will delay the litigation, the Court respectively reaches a contrary
conclusion. If an additional thirty days will allow the individual Defendants to file a more
particularized answer or counterclaims the progress of the litigation may be benefitted.
Moreover, such a limited delay in filing an answer should not delay the overall litigation to any
great extent or at all.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the individual Defendants are allowed to and including
March 16, 2012, in which to take limited discovery for purposes of filing their answer and any
counterclaims.
IT IS FURTHER ORDERED that on or before March 16, 2012, the individual

Defendants shall file their responsive pleadings.

February 2, 2012

cc:

Counsel of Record