Collins v. National General Insurance Company

Filing 40

ORDER Setting Briefing Schedule as to (Defendant's Motion for a Declaration of Setoff due by 11/28/2011; Plaintiff's Combined Response and Motion due by 12/12/2011, Defendant's Combined Response and Reply due by 12/27/2011; Plaintiff's Sur-Reply due by 1/10/2012) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

NAOMI COLLINS, Personal Representative of
the Estate of Edward Collins, Jr., Deceased,
Plaintiff,
v.

Case No. 10-13344

NATIONAL GENERAL INSURANCE
COMPANY, a/k/a GMAC INSURANCE
Defendant.
/
ORDER SETTING BRIEFING SCHEDULE
On July 1, 2011, the court granted summary judgment in favor of Plaintiff on a
single issue of contract interpretation. Thereafter, the court denied two motions for
reconsideration filed by Defendant. On October 28, 2011, the court held a telephonic
status conference with counsel for Plaintiff and Defendant to identify outstanding issues
in this matter and develop a course of action moving forward. Defendant’s counsel
suggested that a single issue remained outstanding, whether Defendant was entitled to
a setoff. Plaintiff’s counsel indicated that he was unwilling to agree that only a single
issue remained because Defendant has not formally stipulated to liability and damages.
Counsel, however, agreed that their respective arguments were susceptible to
adjudication through motion practice, and the court indicated that it would establish a
briefing schedule. Accordingly,
IT IS ORDERED that Defendant shall file its motion for a declaration of setoff,
limited to 20 pages of argument, on or before November 28, 2011. Plaintiff shall file a

combined response and motion,1 limited to 25 pages of argument, by December 12,
2011. Defendant may file a combined response and reply, limited to 20 pages of
argument, to any remaining issues on or before December 27, 2011. Finally, Plaintiff
may file a sur-reply on or before January 10, 2012. Plaintiff’s sur-reply shall be limited
to 5 pages of argument .

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: November 2, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, November 2, 2011, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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Pursuant to Local Rule 7.1(d)(1)(A), leave is specifically granted to permit
Plaintiff to file a combined response and motion. Plaintiff’s combined response and
motion should be clearly captioned as “at the direction of the court.”
S:\Cleland\JUDGE'S DESK\C1 ORDERS\10-13344.COLLINS.BriefingSchedule.jrc.2.wpd

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