ALFIERO v. METLIFE AUTO & HOME INSURANCE AGENCY INC et al

Filing 19

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h): Joint Factual Stipulations due by 4/13/2017. Defendants' Motion for Summary Judgment due by 4/13/2017, Plaintiff's Response due by 5/15/2017, Defendants' Reply due by 5/26/2017. By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
LORETTA ALFIERO,
PLAINTIFF
V.

METLIFE AUTO & HOME
INSURANCE AGENCY, INC.,
A BRAND OF,
AND
METROPOLITAN PROPERTY AND
CASUALTY INSURANCE COMPANY,
DEFENDANTS

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CIVIL NO. 2:16-CV-513-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56(h)
A Local Rule 56(h) pre-filing conference was held on April 6, 2017.
The plaintiff Loretta Alfiero has asserted three counts in this property
insurance dispute: (1) breach of contract; (2) breach of covenant of good faith
and fair dealing; and (3) unfair claims settlement practices under 24-A M.R.S.A.
§ 2436-A(1).
The parties agreed to confer and file a joint stipulation of undisputed
material facts. The joint stipulation will include the following statements of fact:
(1) the plaintiff was the named insured under a homeowner’s insurance policy
with one of the defendants, a copy of which will be attached; (2) the parties failed
to agree on the amount of loss to her property; (3) the insurer made a written
demand for an appraisal of the loss; (4) the insurer selected an appraiser within

20 days of the demand; (5) the plaintiff did not respond or select an appraiser
within 20 days of the demand; and (6) the relevant dates.

Counsel for the

defendants stated that the defendant Metlife Auto & Home Insurance Agency,
Inc. is not the insurer, and therefore should not remain a named defendant in
this action.

The lawyers advised that they would further confer and, if

appropriate, agree to dismiss Metlife Auto & Home Insurance Agency, Inc. as a
defendant in their joint stipulation.

The parties also may file statements of

material fact in addition to the stipulation.
The Court endorses the following schedule proposed by the parties:
By April 13, 2017, the parties shall file their joint factual
stipulations.
By April 13, 2017, the defendants shall file their motion for
summary judgment with supporting materials in accordance with
Local Rule 56.
By May 15, 2017, the plaintiff shall file her response in
accordance with Local Rule 56.
By May 26, 2017, the defendants shall file any reply.
SO ORDERED.
DATED THIS 7TH DAY OF APRIL, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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