American Automobile Insurance Company v. First Mercury Insurance Company et al

Filing 197

BRIEFING ORDER by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AMERICAN AUTOMOBILE INSURANCE
COMPANY,
Plaintiff/Counterdefendant,
v.

Civ. No. 13-439 KG/LF

FIRST MERCURY INSURANCE COMPANY,
Defendant/Counterclaimant,
and
XL INSURANCE COMPANY LIMITED and
HCC INTERNATIONAL INSURANCE COMPANY PLC,
Joined Plaintiffs on Counterclaim.
BRIEFING ORDER
On June 21, 2018, the Court held a telephonic status conference in this case. Rufus E.
Thompson appeared on behalf of American Automobile Insurance Company (AAIC) and Gary J.
Van Luchene appeared on behalf of First Mercury Insurance Company, XL Insurance Company
Limited, and HCC International Insurance Company PLC (collectively, First Mercury). At the
telephonic status conference, Mr. Thompson inquired about briefing the issue raised in the
Court’s April 19, 2018, Memorandum Opinion and Order (Doc. 184) at footnote 6. The issue
raised in footnote 6 is whether equitable or traditional indemnification principles apply to the
facts of this case. The Court will allow the parties to brief this issue as follows:
1. AAIC may file a motion addressing that issue no later than July 13, 2018;
2. First Mercury may file a response no later than July 27, 2018; and
3. AAIC may file a reply no later than August 10, 2018.

IT IS SO ORDERED.

________________________________
UNITED STATES DISTRICT JUDGE

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