Butler, III et al v. Unified Life Insurance Company et al

Filing 153

ORDER re 135 MOTION in Limine filed by Health Insurance Innovations, Inc., Health Plans Intermediaries Holdings, LLC., 152 Unopposed MOTION for Extension of Time to File Response/Reply as to 135 MOTION in Limine filed by Charles M. Butler, III, Chole Butler. Signed by Magistrate Judge Timothy J. Cavan on 10/26/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CHARLES M. BUTLER, III and
CHLOE BUTLER

CV 17-50-BLG-SPW-TJC

Plaintiffs,
ORDER

vs.
UNIFIED LIFE INSURANCE
COMPANY; HEALTH PLANS
INTERMEDIARIES HOLDINGS,
LLC, doing business as Health
Insurance Innovations, doing business
as Health Insurance Innovations, Inc.;
ALLIED NATIONAL, INC.;
NATIONAL BROKERS OF
AMERICA, INC.; THE NATIONAL
CONGRESS OF EMPLOYERS, INC.;
and DOES 1-10
Defendants.

Defendant Health Plans Intermediaries Holdings, LLC (“HII”) has filed
Motions in Limine. (Doc. 135.) Plaintiff has requested that consideration of HII’s
Motions in Limine be stayed until after a deadline for motions in limine is set
pursuant to the Scheduling Order. (Doc. 152.) HII does not oppose the request.
(Id.)
The Court finds HII’s Motions in Limine are premature. Pursuant to the
Scheduling Order a motions in limine deadline will be set following disposition of
the currently pending pretrial motions, including: Plaintiffs’ Motion for Leave to
File a Third Amended Complaint (Doc. 86); Plaintiffs’ Motion to Certify Class

(Doc. 93); Plaintiff’s Motion for Partial Summary Judgment (Doc. 98); Defendants
Unified Life Insurance Company and Allied National, Inc.’s Motion for Partial
Summary Judgment (Doc. 115); Defendants Unified Life Insurance Company and
Allied National, Inc.’s Motion to Strike Supplemental Expert Reports (Doc. 123);
Plaintiffs’ Second Motion for Partial Summary Judgment (Doc. 125); Defendants
Unified Life Insurance Company and Allied National, Inc.’s Motion for Summary
Judgment on Common Law Counts (Doc. 128); Defendant HII’s Motion for
Summary Judgment (Doc. 132); and Defendant The National Congress of
Employers Motion for Summary Judgment (Doc. 137).
The Court finds it would not be appropriate to address HII’s Motions in
Limine prior to resolution of the pending pretrial motions, which will determine
the issues to be tried in this case. Accordingly, HII’s Motions in Limine (Doc. 135)
are DENIED without prejudice to refiling after a motions in limine deadline has
been set by further order of the Court.
DATED this 26th day of October, 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge