Byorth et al v. USAA Casualty Insurance Company et al

Filing 128

ORDER denying as MOOT 60 MOTION to Compel filed by Peter Byorth, Ann McKean, 75 Third MOTION to Compel filed by Peter Byorth, Ann McKean, 78 MOTION for Sanctions Rule 37(b)(2)(A) filed by Peter Byorth, Ann McKean, 97 MOTION to Clarify the Scope of Discovery or, Alternatively, for a Protective Order filed by USAA Casualty Insurance Company and LIFTING STAY. Signed by Magistrate Judge Timothy J. Cavan on 5/29/2019. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
PETER BYORTH and ANN
McKEAN, on behalf of themselves and
all those similarly situated,
Plaintiffs,

CV 17-153-BLG-TJC

ORDER

vs.

USAA CASUALTY INSURANCE
COMPANY and JOHN DOES I-X,
Defendants.
On April 22, 2019, this Court stayed briefing on Plaintiffs’ pending motion
for class certification until the parties’ pending discovery motions were resolved.
(Doc. 114.) The Court indicated that it would set a schedule for further class
certification briefing upon resolution of the pending discovery motions. Id.
On April 25, 2019, this Court ordered the parties to file a status report on or
before May 23, 2019 informing the Court whether a hearing on the pending
discovery motions is required, or whether the pending motions are moot. (Doc.
117.) The parties have now filed status reports indicating the pending discovery
motions (Docs. 60, 75, 78, & 97) are moot, and Plaintiffs have requested the Court
lift its stay on class certification briefing. (Docs. 124, 126.)
Accordingly, IT IS HEREBY ORDERED that the motions at Docs. 60, 75,
78, and 97 are DENIED as MOOT.

IT IS FURTHER ORDERED that the Court’s stay on class certification
briefing (Doc. 114) is LIFTED. Defendant shall file its response to Plaintiffs’
Motion for Class Certification within 21 days of this Order, and Plaintiffs may file
a reply within 14 days after Defendant’s response is filed.
IT IS ORDERED.
DATED this 29th day of May, 2019.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge