PROGRESSIVE NORTHWESTERN INSURANCE COMPANY v. LEE et al

Filing 17

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h): Stipulated Record due by 5/11/2017, Plaintiff's Brief due by 6/1/2017. Defendant's Brief due by 6/30/2017. Any Reply due by 7/14/2017. By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PROGRESSIVE NORTHWESTERN
INSURANCE COMPANY,
PLAINTIFF
V.

CAROLYN LEE,
AND
JOHN ZARNOCH, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF
EMILY ZARNOCH,
DEFENDANTS

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL NO. 2:16-CV-454-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h)
A Local Rule 56(h) pre-filing conference was held on April 20, 2017.
The plaintiff Progressive Northwestern Insurance Company has asserted
two counts in this automobile insurance dispute, requesting judgment that the
plaintiff has no duty to (1) defend or (2) indemnify anyone in connection with any
claim for damages brought by the Estate of Emily Zarnoch resulting from an
August 4, 2015, motor vehicle accident. The defendants Carolyn Lee and John
Zarnoch, as personal representative of the Estate of Emily Zarnoch, have brought
four counterclaims:

(1) a declaration that the plaintiff breached its duty to

defend; (2) a declaration that the plaintiff breached its duty to indemnify;
(3) unfair claims practices; and (4) negligence.

The lawyers believe that the case does not involve material factual disputes
and can probably be submitted to the court as a “case stated.”

Sanchez-

Rodriguez v. AT & T Mobility Puerto Rico, Inc., 673 F.3d 1, 10–11 (1st Cir. 2012).
In that event, the parties would “waive trial and present the case to the court on
the undisputed facts in the pre-trial record.” Id.
The Court endorses the following schedule proposed by the parties:
By May 11, 2017, the parties shall file the record upon which
they will submit the matter as a case stated.
By June 1, 2017, the plaintiff shall file its brief, or, in the event
the parties do not agree to present the case as a case stated, its
motion for summary judgment with supporting materials in
accordance with Local Rule 56.
By June 30, 2017, the defendants shall file their brief, or, in
the event the parties do not agree to present the case as a case
stated, their motion for summary judgment with supporting
materials in accordance with Local Rule 56.
By July 14, 2017, the plaintiff shall file any reply.
SO ORDERED.
DATED THIS 20TH DAY OF APRIL, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

2