Government Employees Insurance Company v. Testa et al

Filing 47

ORDER granting 38 Motion for Joinder and denying 45 Motion for Hearing. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 9/16/2015. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:14-CV-209-D

GOVERNMENT EMPLOYEES
INSURANCE COMPANY,
Plaintiff,
V.

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ROBERT TESTA, and
SENTRY SELECT INSURANCE
COMPANY, et al.,
Defendants.

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ORDER

On June 22, 2015, Sentry Select Insurance Company filed a motion to join Dealer's Choice
Mutual Insurance Company as a defendant. See [D.E. 38]. On Ju1y 14,2015, Robert Testa("Testa")
responded in opposition. See [D.E. 41]. On July 23, 2015, Government Employees Insurance
Company responded in opposition. See [D.E. 42]. (The response was untimely.) On July 27,2015,
Sentry Select Insurance Company replied. See [D.E. 43, 44].
On August 4, 2015, Testa filed a motion for oral argument. See [D.E. 45]. On August 5,
2015, Sentry Select Insurance Company responded in opposition. See [D.E. 46].
The court has reviewed the record. Good cause and the interests ofjustice support permitting
Sentry Select Insurance Company to join Dealer's Choice Mutual Insurance Company as a defendant.
See Fed. R. Civ. P. 15(a)(2), 20(a). Thus, Sentry Select Insurance Company's motion to join Dealer's
Choice Mutual Insurance Company as a defendant [D.E. 38] is GRANTED. Sentry Select Insurance
shall file its third-party complaint for declaratory judgment against Dealer's Choice Mutual Insurance
Company and any other amended pleading not later than September 30, 2015. Testa's motion for oral

argument [D.E. 45] is DENIED. Oral argument would not aid the decisional process in light of the
record. Finally, once Dealer's Choice Mutual Insurance Company is served, the parties shall confer
and submit proposed revisions to the scheduling order not later than October 19, 2015. The proposed
schedule shall include proposed dates for a court-hosted settlement conference with United States
Magistrate Judge Gates.
SO ORDERED. This ((p day of September 2015.

Chief United States District Judge

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