Evanston Insurance Company v. Lexington Insurance Company

Filing 46

MEMORANDUM AND ORDER - A telephonic hearing was held today on the defendant's motion to quash, (filing no. 44 ), and its motion to extend the progression schedule, (filing no. 45 ). The plaintiff's rule 30(b)(6) notice of deposition serve d on February 10, 2010 (see filing no. 43 ), is deemed withdrawn, and defendant's motion to quash, (filing no. 44 ), is denied as moot. On or before February 26, 2010, the defendant shall serve copies of all documents described in defendant&# 039;s mandatory disclosures. On or before March 12, 2010, the parties shall file a joint statement explaining the current status of preparing a joint stipulation of facts. Defendants motion for a ninety-day continuance, (filing no. 45 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA E V A N S T O N INSURANCE C O M P A N Y , an Illinois Corporation, a n d DORE & ASSOCIATES C O N T R A C T IN G , INC., an Indiana C o r p o r a tio n , P l a i n t if f s , v. L E X I N G T O N INSURANCE C O M P A N Y , a Delaware Corporation, Defendant. A telephonic hearing was held today on the defendant's motion to quash, (filing no. 4 4 ) , and its motion to extend the progression schedule, (filing no. 45). Based on the parties' re p re se n tatio n s during the conference call: ) ) ) ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

IT IS ORDERED: 1) T h e plaintiff's rule 30(b)(6) notice of deposition served on February 10, 2010 (s e e filing no. 43), is deemed withdrawn, and defendant's motion to quash, (f ilin g no. 44), is denied as moot. O n or before February 26, 2010, the defendant shall serve copies of all d o c u m e n ts described in defendant's mandatory disclosures unless the d o c u m e n ts were previously provided to the plaintiff. O n or before March 12, 2010, the parties shall: a. C o n f e r to thoroughly discuss the proposed joint stipulation of facts p re p a re d by plaintiff's counsel; and F ile a joint statement explaining the current status of preparing a joint s tip u la tio n of facts and, if necessary, outlining the parties' agreement o r their respective positions concerning the remaining discovery to be

2)

3)

b.

c o m p l e te d , and a proposed schedule for finalizing the discovery and su b m ittin g this case to final resolution, either on cross motions for full o r partial summary judgment, or by trial. 4) T h e statement filed in accordance with paragraph 3 of this order will be used to determine any amended dates in the final progression schedule. D e f en d a n t's motion for a ninety-day continuance, (filing no. 45), is denied.

D A T E D this 18 th day of February, 2010. B Y THE COURT: s / Cheryl R. Zwart United States Magistrate Judge

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