Matthews v. Progressive Direct Insurance Company et al

Filing 25

ORDER by Magistrate Judge Gregory J. Fouratt granting 22 Motion to Bifurcate, Stay, and for Protective Order. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
LORI E. MATTHEWS,
Plaintiff,
v.

Civ. No. 17-762 MV/GJF

PROGRESSIVE DIRECT INSURANCE
COMPANY AND VALINA H. HAMILTON,
Defendants.
ORDER GRANTING
BIFURCATION, STAY, AND PROTECTIVE ORDER
This matter is before the Court on Defendant Progressive Direct Insurance Company and
Defendant Valina H. Hamilton’s (collectively, “Defendants”) consolidated Motion to Bifurcate,
Motion to Stay, and Motion for Protective Order (“Motion”) [ECF Nos. 21 and 22] and Plaintiff
Lori Matthews’s Consent [ECF No. 24] to Defendants’ Motion. Having reviewed the record and
noting the concurrence of the parties, the Court HEREBY ORDERS as follows:
IT IS ORDERED that Defendants’ Motion to Bifurcate is GRANTED.

The

Underinsured Motorist (“UIM”) claim is HEREBY BIFURCATED AND SEVERED from the
remaining extra-contractual claims for purposes of discovery and trial. Plaintiff’s claims for
UIM benefits under the Policy will be tried, and should Plaintiff prevail in her trial for UIM
benefits, she may proceed with litigating the bifurcated extra-contractual claims;
IT IS FURTHER ORDERED that Defendants’ Motion to Stay all extra-contractual
discovery is GRANTED until the UIM matter is adjudicated. Accordingly, Defendants’ Motion
for Protective Order as to the extra-contractual discovery that was previously propounded to
Defendants is hereby GRANTED. Defendants are not required to respond to discovery on the
extra-contractual issues unless and until this stay is lifted.
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IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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