United States Fire Insurance Company v. Warren, City of

Filing 142

ORDER Temporarily Staying Discovery Obligations and Setting Expedited Briefing Schedule re 138 Emergency MOTION to Stay re 130 Order on Motion to Compel,,,,,,, filed by Hartford Accident and Indemnity Company. Signed by Magistrate Judge Paul J. Komives. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES FIRE INSURANCE
COMPANY, a Delaware corporation,
Plaintiff/Counter-Defendant,
CASE NO. 2:10-CV-13128
JUDGE STEPHEN J. MURPHY, III
MAGISTRATE JUDGE PAUL J. KOMIVES

v.
THE CITY OF WARREN, a Michigan municipal
corporation,
Defendant/Counter-Plaintiff.
_______________________________________
THE CITY OF WARREN, a Michigan municipal
corporation,
Third-Party Plaintiff,
v.

ROYAL INDEMNITY COMPANY, n/k/a Arrowood
Indemnity Company, a Delaware corporation,
ARROWOOD INDEMNITY COMPANY, f/k/a Royal
Indemnity Company, a Delaware corporation,
HARTFORD ACCIDENT AND INDEMNITY
COMPANY, a Connecticut corporation, GLEN
FALLS INSURANCE COMPANY, a Delaware
corporation, and CONTINENTAL INSURANCE
COMPANY, as successor to Glen Falls Insurance
Company, a Delaware corporation,
Third-Party Defendants.
/
ORDER TEMPORARILY STAYING DISCOVERY OBLIGATIONS AND SETTING
EXPEDITED BRIEFING SCHEDULE
On April 26, 2012, I entered an Order granting in part and denying in part the City of
Warren’s motions to compel discovery directed at plaintiff U.S. Fire and the third-party defendants

(collectively “the companies”). Relevant here, I ordered that the companies produced (a) the claims
manuals and related documents, and (b) the underwriting manuals and related documents, sought
in the City’s motion within 21 days of the Order. The parties have filed objections to my Order.
As noted in my Order, these objections do not stay the companies’ obligations to provide the ordered
discovery absent further order of the Court. See E.D. MICH. LR 72.2. On May 10, 2012, Hartford
filed an emergency motion to stay its obligation to produce documents pursuant to my discovery
order pending resolution of its objections by the District Judge. U.S. Fire filed a joinder in this
motion on the same date.
So that the Court may properly consider the request for stay, it is ORDERED that the
companies’ obligations to provide discovery as set forth in my April 26 Order is hereby
TEMPORARILY STAYED. The stay effected by this Order shall terminate automatically upon the
earlier of a final resolution of Hartford’s motion to stay or the District Judge’s ruling on the parties
objections. It is further ORDERED that the parties brief the matter on an expedited basis, to wit:
the City shall file its response to the motion to stay no later than seven days after the date of this
Order, and Hartford and U.S. Fire may file a reply no later than three days after the filing of the
City’s response. The Court will decide the motion for stay on the basis of the parties briefs, without
oral argument.
IT IS SO ORDERED.

Dated: May 11, 2012

s/Paul J. Komives
PAUL J. KOMIVES
UNITED STATES MAGISTRATE JUDGE

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I hereby certify that a copy of the foregoing document was sent to parties of record on May 11, 2012
electronically and/or U.S. mail.
s/Michael Williams
Relief Case Manager for the Honorable
Paul J. Komives

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