Star Insurance Company v. Continental Resources, Inc. et al

Filing 196

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 195 Motion (Application for Order Nunc Pro Tunc); Amending Order re Briefing Schedule (Doc. No. 182). (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Star Insurance Company,
Plaintiff,
vs.
Continental Resources, Inc., Cyclone
Drilling, Inc., Plaster & Wald Consulting
Corp., M-I, LLC, Zurich American
Insurance Company, National Union Fire
Insurance Company of Pittsburgh, PA,
Travelers Property Casualty Company of
America, and Torus Specialty Insurance
Company,
Defendants.

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ORDER GRANTING APPLICATION
FOR ORDER NUNC PRO TUNC;
AMENDING ORDER RE BRIEFING
SCHEDULE (DOC. NO. 182)

Case No. 4:12-cv-121

Before the court is motion titled “Application for Order Nunc Pro Tunc” filed by defendant
Continental Resources, Inc., on April 17, 2014. Continental requests that the court issue an Order
Nunc Pro Tunc clarifying which issues will not be resolved by the briefing ordered in the Order re
Briefing Schedule (Docket No. 182) filed March 21, 2014. Continental states that in addition to its
counterclaim for bad faith referenced in the order, its counterclaims for fraud/deceit and constructive
fraud/negligent misrepresentation will remain in dispute.
The court GRANTS the motion (Docket No. 195) and ORDERS Docket No. 182
AMENDED as follows:
On January 23, 2014, the court issued an order granting: (1) Motions for Partial Summary
Judgment filed by Defendants Continental Resources, Inc. and Torus Specialty Insurance; and (2)
partial summary judgment as to issues framed in its April 19, 2013, order.

On March 21, 2014, the court held a conference with the parties by telephone to discuss the
status of this case. Based upon its discussions with the parties, the court concluded that, before
engaging in any discovery, the parties should attempt to resolve by motion those issues where there
are no material facts in dispute. Consequently, the court ORDERS that the parties shall adhere to
the following briefing schedule for resolving all remaining claims with the exception of
Continental’s counterclaims for bad faith, fraud/deceit, and constructive fraud/negligent
misrepresentation:
(1)

The parties shall file their motions and supporting briefs with the court by July 1,
2014;

(2)

the opposing parties shall have until August 1, 2014, to file responses to these
motions; and

(3)

replies to the opposing parties’ responses shall be filed on or before August 20, 2014.
Discovery shall be stayed until the court has ruled on all of the motions to be filed.

IT IS SO ORDERED
Dated this 18th day of April, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge

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