Allstate Insurance Company v. Papanek

Filing 282

ORDER - Unless otherwise ordered, in all actions filed in, transferred to, or removed to this Court, all parties other than pro se parties must be represented at all times by a trial attorney who is a permanent member in good standing of the bar of this Court. Admission pro hac vice does not entitle an attorney to appear as a partys trial attorney, but the Court may, in its discretion and upon motion that shows good cause, permit an attorney who has been so admitted to act as a trial attor ney. Court ORDERS that Allstate must comply in all respects with Local Rule 83.4. Court reopens discovery for the limited purposes. Discovery due by 12/31/2018. Status Conference set for 9/24/2018 at 03:00 PM, Counsel shall call: 1-888-278-0296, enter access code 2725365, security code 123456, and wait for the Court to join the conference. before Magistrate Judge Michael J. Newman. Signed by Magistrate Judge Michael J. Newman on 9/12/18. (pb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ALLSTATE INSURANCE COMPANY,
Plaintiff,

Case No. 3:15-cv-240

vs.
MELISSA PAPANEK, et al.,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendants.

______________________________________________________________________________
ORDER
______________________________________________________________________________
This civil consent case came before the Court for a scheduling conference on September
10, 2018. Attorneys J. Scott Humphrey and Kristine Argentine participated on behalf of Plaintiff
Allstate Insurance Company (“Allstate”). Attorneys James Fleisher and Matthew Sullentrop
participated on behalf of Defendants.

Allstate’s trial attorney (i.e., local counsel) did not

participate and pro hac counsel were again instructed that, pursuant to Local Rule 83.4, trial
attorney must participate in all court conferences (and sign all papers filed with the Court). Local
Rule 83.4 specifically states that:
Unless otherwise ordered, in all actions filed in, transferred to, or removed to
this Court, all parties other than pro se parties must be represented at all times
by a “trial attorney” who is a permanent member in good standing of the bar of
this Court. Each filing made on behalf of such parties shall identify and be
signed by the trial attorney. The trial attorney shall attend all hearings,
conferences, and the trial itself unless excused by the Court from doing so.
Admission pro hac vice does not entitle an attorney to appear as a party’s trial
attorney, but the Court may, in its discretion and upon motion that shows good
cause, permit an attorney who has been so admitted to act as a trial attorney.
To the extent the Court has previously permitted pro hac counsel for Allstate to act as trial attorney,
any such Order is hereby RESCINDED, and the Court ORDERS that Allstate must comply in all
respects with Local Rule 83.4.

Prior to the conference on September 10th, counsel for the parties conferred as ordered and
submitted a proposed discovery plan (doc. 280), which the Court now ADOPTS in its entirety.
To that end, the Court reopens discovery for the limited purposes as proposed by the parties (doc.
280) and ORDERS that such discovery be completed in its entirety on or before December 31,
2018.1 At or near the conclusion of the reopened discovery period, the Court will confer with
counsel to discuss whether or not additional summary judgment motions need be filed.
Finally, during the conference on September 10th, counsel for Defendants advised that an
additional laptop potentially containing discoverable information was found when conferring with
Defendants following the conference with the Court on September 7th. Said laptop does not appear
to be the laptop referenced during the September 7th conference. Counsel for the parties advised
that they will confer regarding issues regarding the laptop(s) at issue, and will approach the Court
for relief if appropriate.
This case is set for a follow-up discovery status conference with the Court on September
24, 2018 at 3:00 p.m. Counsel shall call: 1-888-278-0296, enter access code 2725365, security
code 123456, and wait for the Court to join the conference.
IT IS SO ORDERED.

Date:

September 12, 2018

1

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

The discovery deadline means that all discovery must be concluded, as opposed to simply
requested, by the discovery date.
2