Katica v. Allstate Fire and Casualty Insurance Company

Filing 46

ORDER that the parties Stipulation is hereby approved and the Plaintiffs Third Cause of Action for insurance bad faith is hereby dismissed with prejudice, each party to bear her and its own costs and attorney fees. IT IS FURTHER ORDERED that from and after the date of this Order approving the parties Stipulation, counsel Jeff Tuttle shall be allowed to serve as trial counsel and shall be allowed to conduct and defend depositions. IT IS FURTHER ORDERED finding as moot 37 Motion for Partial Summary Judgment. Signed by Magistrate Judge Richard W. Anderson on 9/24/2018. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
EILEEN M. KATICA,
Plaintiff,
Cause No. CV 16-00150-DLC-RWA
v.
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,

ORDER

Defendant.

The parties have submitted a Stipulation, pursuant to Rule 41(a), F.R.Civ.P., for the
dismissal with prejudice of Plaintiff’s Third Cause of Action For Insurance Bad Faith. The
parties agree the dismissal shall be with prejudice and that each party shall bear her and its own
attorney fees and costs. As to the disqualification of counsel Jeff Tuttle, the parties jointly agree
that the dismissal of Plaintiff’s Third Cause of Action is a development in the case that makes it
unlikely that counsel Jeff Tuttle will be a necessary witness at trial. The Court agrees that
Plaintiff’s claims which will continue for underinsured motorist benefits and uninsured motorist
coverage are not likely to require Mr. Tuttle’s testimony as a necessary witness. The Court
agrees that, upon the dismissal with prejudice of the Third Cause of Action, grounds no longer
appear to exist for counsel Jeff Tuttle’s continued disqualification. For good cause shown,
IT IS ORDERED that the parties’ Stipulation is hereby approved and the Plaintiff’s Third
Cause of Action for insurance bad faith is hereby dismissed with prejudice, each party to bear
her and its own costs and attorney fees.
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IT IS FURTHER ORDERED that from and after the date of this Order approving the
parties’ Stipulation, counsel Jeff Tuttle shall be allowed to serve as trial counsel and shall be
allowed to conduct and defend depositions. The Court’s previous Order (Dkt. 33) is modified
accordingly.
IT IS FURTHER ORDERED that Defendant Allstate’s Motion for Partial Summary
Judgment Regarding Third Cause of Action, Unfair Trade Practices Act Claim is denied as moot.
Done and dated in Butte this 24th day of September, 2018.

/s/ Richard W. Anderson
RICHARD W. ANDERSON
UNITED STATES MAGISTRATE JUDGE

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