QBE Insurance Corporation v. Burckhard et al

Filing 70

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 54 Motion to Vacate Scheduling Order. (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
QBE Insurance Corporation,

)
)
Plaintiff,
)
)
vs.
)
)
Corrie Burckhard, as Personal
)
Representative for the Estate of Todd
)
Burckhard, Decedent; Maria Mack, as
)
Personal Representative for the Estate of
)
Blaine H. Mack, Decedent; BNSF Railway )
Company, a Delaware corporation; and
)
CUSA ES, LLC d/b/a Coach America Crew )
Transport, and Timothy P. Rennick,
)
)
Defendants.
)

ORDER GRANTING MOTION TO
VACATE SCHEDULING ORDER

Case No. 4:13-cv-125

Before the court is a Motion to Vacate Scheduling Order filed by defendants BNSF Railway
Company and CUSA ES, LLC d/b/a Coach America Crew Transport on March 5, 2015. Plaintiff
QBE Insurance Corporation filed a response on March 31, 2015.
The court held a telephonic status conference to discuss the motion on April 1, 2015. Jacob
M. Tomczik appeared on plaintiff’s behalf. Cortney S. LeNeave and Thomas M. Flaskamp appeared
on behalf of defendants Corrie Burckhard and Maria Mack. Scott M. Stearns and Christopher L.
Decker appeared on behalf of defendants BNSF Railway Company and CUSA ES, LLC.
The parties agreed that it would be appropriate to vacate to all discovery deadlines pending
resolution of the pending motions to dismiss. They further agreed that they would like to keep the
existing trial date. Accordingly, the court GRANTS the Motion to Vacate Scheduling Order
(Docket No. 54) and ORDERS that all existing discovery deadlines shall be vacated and discovery

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shall be stayed pending resolution of the motions to dismiss. The discovery deadlines will be reset
as necessary after the motions to dismiss have been resolved. The final pretrial conference set for
November 3, 2015, and the Jury Trial set for November 16, 2015, will remain on the court’s
calendar at this time. Those dates may need be continued if there is not sufficient time to conduct
the necessary discovery after the motions to dismiss are resolved.
IT IS SO ORDERED.
Dated this 1st day of April, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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