Balboa Insurance Company v. Procheck Engineering, Inc. et al

Filing 11

ORDER of Reference: on 1/19/12 counsel participated in a status conf; On 3/1/12 defendant will file a motion for summary judgment on the issue of who is the real party in interest. Signed by Magistrate Judge Mark R. Abel on 1/23/12. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Balboa Insurance Company,

:

Plaintiff

:

v.

Civil Action 2:11-cv-0428

:

Procheck Engineering, Inc.
and William C. Newman,

:

Magistrate Judge Abel

:
Defendants
:

Order of Reference
On January 19, 2012, counsel for the parties participated in a telephone status
conference with the Court.
Discovery. Most depositions have been taken. Plaintiff still needs to depose
Brandon McDougal. He failed to appear for deposition, and the Fairfield County Common Pleas Court issued an order for his arrest to show cause why he should not be held
in contempt for his failure to submit to deposition.
Settlement. Although the parties agreed to mediate on January 20, they failed to
come to a pre-mediation agreement on the terms of an indemnity. Defendants do not
want to mediate without such an agreement. Defendants believe plaintiff has the burden of demonstrating it is the real party in interest. Plaintiff’s counsel is still searching for
records regarding the loan and its relationship to the named insured. Plaintiff’s counsel
said that Altegra Credit Company was the named insured. In December 2010, Altegra
merged into Home Loan Services and First Franklin. Defendant responded that there

are no loan documents showing that First Franklin or Home Loan Services loaned any
money to the owner of the home.
The Fairfield County Common Pleas Court case is going to mediation on January
20, then–if not settled–to trial later this year.
On March 1, 2012, defendant will file a motion for summary judgment on the
issue of who is the real party in interest.

s/Mark R. Abel
United States Magistrate Judge