Apples' Way, LLC v. Texas Roadhouse Holdings, LLC et al

Filing 50

MEMORANDUM AND ORDER regarding pending motions.1) On or before November 13, 2014, defendants Texas Roadhouse and National Union shall serve their answers to the written discovery served on them by Apples Way.2) On or before November 13, 20 14, Defendant National Union shall file its anticipated motion to amend its answer.3) The parties shall promptly produce and exchange information as discussed during today's hearing.4) Absent the mutual agreement of the parties, in a ll other respects this case is stayed pending further order of the court.5) A telephonic conference with the undersigned magistrate judge will be held on the record on December 23, 2014 at 9:00 a.m. to discuss the status of Peters v Texas Roadhouse, LLC, et al, and the further progression schedule for the above-captioned case. The court will provide calling information for the conference.6) The conference call previously scheduled for December 9, 2014 is cancelled. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
APPLES' WAY, LLC, a Nebraska limited
liability company;
8:14CV90
Plaintiff,
vs.

MEMORANDUM AND ORDER

TEXAS ROADHOUSE HOLDINGS, LLC,
a Kentucky limited liability company;
TWIN CITY FIRE INSURANCE
COMPANY, NATIONAL UNION FIRE
INSURANCE COMPANY,
Defendants.
The following motions are pending before me:
Filing No. 41:

Motion to Stay filed by Defendant National Union Fire Insurance
Company.

Filing No. 43:

Motion to Stay filed by Defendant Texas Roadhouse Holdings,
LLC.

Filing No. 44:

Motion to Extend Deadline for Discovery Responses filed by
defendant Texas Roadhouse Holdings, LLC.

Filing No. 45:

Motion for Protective Order Staying Discovery and Request for
Expedited Ruling filed by Defendant National Union Fire
Insurance Company.

These motions were discussed, on the record, during a hearing held today before
the undersigned magistrate judge.

The above-captioned declaratory action seeks

insurance coverage determinations for the personal injury action entitled Peters v Texas
Roadhouse, LLC, et al, currently pending in the District Court of Lancaster County,
Nebraska. Based on the information provided during today’s hearing and by email
thereafter, defendant Twin City is currently providing the defense and the level of
coverage needed to insure Plaintiff Apples’ Way prior to the start of any trial in Peters v
Texas Roadhouse, LLC, et al. The pretrial conference for the underlying case will be

held on December 19, 2014, and the case will likely be tried in the Spring or Summer of
2015. Until Peters v Texas Roadhouse, LLC, et al is tried, there is no need to decide if
excess coverage is available to Apples’ Way from National Union; an anticipatory ruling
on that issue is not needed at this time. Century Indem. Co. v. McGillacuty's, Inc., 820
F.2d 269 (8th Cir. 1987).
Accordingly, as stated on the record,
IT IS ORDERED that as to Filing Nos. 41, 43, 44, and 45:
1)

On or before November 13, 2014, defendants Texas Roadhouse and
National Union shall serve their answers to the written discovery served on
them by Apples Way.

2)

On or before November 13, 2014, Defendant National Union shall file its
anticipated motion to amend its answer.

3)

The parties shall promptly produce and exchange information as discussed
during today’s hearing.

4)

Absent the mutual agreement of the parties, in all other respects this case is
stayed pending further order of the court.

5)

A telephonic conference with the undersigned magistrate judge will be held
on the record on December 23, 2014 at 9:00 a.m. to discuss the status of
Peters v Texas Roadhouse, LLC, et al, and the further progression schedule
for the above-captioned case. The court will provide calling information for
the conference.

6)

The conference call previously scheduled for December 9, 2014 is
cancelled.

October 30, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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