Allstate Fire and Casualty Insurance Company v. Matteson et al

Filing 38

ORDER on Rule 56(d) Motion. Stephensons' request is GRANTED. The Court will not set a case schedule at this time. Signed by Magistrate Judge Timothy J. Cavan on 5/18/2017. SEE ORDER FOR SPECIFICS AS TO EXTENDED DEADLINES. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,
Plaintiff,

CV 17-31-BLG-SPW-TJC

ORDER

vs.
KRISTIE MATTESON, et al.,
Defendants.
A Preliminary Pretrial Conference was held in this case on May 16, 2017
(Docs. 6, 37), during which defendants/counter-claimants Taylor Stephenson and
Travis Stephenson (collectively, the “Stephensons”) requested that the Court
decline to set a case schedule at this time and instead grant a period of limited
discovery to allow the Stephensons sufficient opportunity to respond to
plaintiff/counter-defendant Allstate Fire and Casualty Insurance Company’s
(“Allstate”) Motion for Summary Judgment (Doc. 31). Allstate does not oppose
the request, and no other party indicated any opposition.
Although the Stephensons did not explicitly invoke Fed. R. Civ. P. 56(d) in
making their request, the Court will construe the Stephensons’ request as an
unopposed Rule 56(d) motion for additional time to respond to a motion for
summary judgment. Accordingly,

IT IS ORDERED that the Stephensons’ request is GRANTED. The Court
will not set a case schedule at this time. Rather, the Court will grant a period of 90
days from the date of this order, to and including August 16, 2017, for the
Stephensons to conduct discovery limited to the issues raised in Allstate’s Motion
for Summary Judgment (Doc. 31.) and to respond to that motion. The Stephensons
shall file their response to Allstate’s motion on or before August 16, 2017. The
deadlines for any further related briefing, including any reply brief from Allstate,
will be determined from the date of the Stephensons’ response according to all
applicable Federal Rules of Civil Procedure and District of Montana Local Rules.
DATED this 18th day of May, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge