Fancher et al v. USAA Casualty Insurance Company et al
ORDER granting #68 Motion to Stay. Signed by Magistrate Judge Jane M. Virden on 4/1/21. (jla)
Case: 4:20-cv-00123-SA-JMV Doc #: 76 Filed: 04/01/21 1 of 2 PageID #: 538
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
LAUREN FANCHER, et al.,
CASE NO.: 4:20-cv-00123-SA-JMV
CHIEF JUDGE SHARION AYCOCK
JANE M. VIRDEN
USAA CASUALTY INSURANCE
COMPANY, et. al,
This matter is before the court on the opposed Motion to Stay Proceedings  filed by
Defendant United Services Automobile Association. The matter has been fully briefed, and based
thereon, the court finds, as discussed below, that a stay of discovery in this case is warranted
pending the earlier of a decision of the pending Motion to Compel Appraisal  or September
30, 2021. 1
The history of this case has been set out previously in repeated filings. Accordingly, it is
not reiterated herein, except to note that this is a putative class action pursuant to FED. R. CIV. P.
23, and as such, discovery as to appropriateness of certification of a class – not discovery on the
merits – is the primary concern of the court at this juncture. Amgen Inc. v. Connecticut
Retirement Plans and Trust Funds, 568 U.S. 455, 465-66 (2013); see generally 3 NEWBERG ON
CLASS ACTIONS § 7:14 (5th ed.).
Indeed, the Case Management Order entered in this case  reflects that except where
unavoidable, only discovery related to the appropriateness of a certified class is permitted and
The court will revisit the issue of discovery at that time.
Case: 4:20-cv-00123-SA-JMV Doc #: 76 Filed: 04/01/21 2 of 2 PageID #: 539
merits discovery will not ensue until a ruling has been made on whether a class will be certified.
Additionally, given that whether the named Plaintiff will be compelled to appraisal in this case,
and if so, that the outcome thereof could have a material effect on Plaintiff’s satisfaction of the
prerequisites for class certification, it is the undersigned’s view that proceeding with discovery
about class certification at this juncture is potentially unnecessarily wasteful.
SO ORDERED, this the 1st day of April, 2021.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?