ALLSTATE INSURANCE COMPANY v. CENTURY INDEMNITY COMPANY et al

Filing 74

MEMORANDUM AND/OR OPINION ORDER THAT THE CENTURY'S CROSS MOTIONS FOR CONTINUANCE AND ADDITIONAL DISCOVERY (DOC. #61) IS GRANTED AND FURTHER DISCOVERY IS PERMITTED AS OUTLINED HEREIN. ALLSTATE'S MOTION FOR SUMMARY JUDGMENT (DOC. #49) IS DISM ISSED WITHOUT PREJUDICE; GNY'S CROSS MOTION FOR SUMMARY JUDGMENT (DOC. #55) IS STAYED AND DEFERRED; CENTURY'S CROSS MOTION TO STRIKE AFFIDAVIT (DOC. #62) AND CENTURY'S CROSS MOTION FOR SUMMARY JUDGMENT (DOC. #63) IS DISMISSED WITHOUT P REJUDICE; CENTURY'S CROSS MOTION TO CORRECT DOCKETING OF CROSS MOTION (DOC. #64) IS DISMISSED WITH PREJUDICE; AND THE CLERK SHALL PLACE THE ABOVE-CAPTIONED MATTER IN STAY AND IN SUSPENSE; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/29/2009. 11/2/2009 ENTERED AND COPIES MAILED, E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : : : : : : : Plaintiff, : v. : : CENTURY INDEMNITY COMPANY, : as successor to CCI INSURANCE COMPANY, : as successor to CIGNA SPECIALTY : INSURANCE COMPANY, formerly known as : CALIFORNIA UNION INSURANCE : COMPANY; and GREATER NEW YORK : MUTUAL INSURANCE COMPANY, : : Defendants. : __________________________________________: ALLSTATE INSURANCE COMPANY, as successor-in-interest to NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, formerly NORTHBROOK INSURANCE COMPANY,

CIVIL NO. 06-4373

ORDER AND NOW, this 29th day of October, 2009, upon consideration of Century's Cross Motions for Continuance and Additional Discovery [Doc. No. 61], Allstate's Reply in Opposition to Century's Cross Motion [Doc. No. 66], and all other relevant pleadings in this case , it is hereby ORDERED that, in light of equitable principles, Century's Cross Motions for Continuance and Additional Discovery under Federal Rule of Procedure 56(f) are GRANTED and further discovery is permitted as follows: 1) Fact and expert discovery shall be reopened for forty-five (45) days, on the issue of whether Century's excess coverage policy for the 1979-1980 term defines Century's aggregate limits, if any;

2) The parties must file a status report due on or before December 14th, 2009, which must address the impact and effect, if any, that the additional discovery may have produced; 3) Allstate's Motion for Summary Judgment [Doc. No. 49] is DISMISSED without prejudice and may not be refiled until fact discovery is complete per the terms of this Order; 4) GNY's Cross Motion for Summary Judgment [Doc. No. 55] is STAYED and DEFERRED; 5) The following cross motions filed by Century are hereby DISMISSED without prejudice, and Century is granted leave to refile any appropriate summary judgment motions after the additional limited discovery is concluded, but no later than December 21st, 2009: A) Century's Cross Motion to Strike Affidavit, Exhibits and References [Doc. No. 62] and B) Century's Cross Motion for Summary Judgment Initial Filing under Rule 56(b) Alternative Method [Doc. No. 63]; 6) Century's Cross Motion to Correct Docketing of Cross Motion as Motion [Doc. No. 64] is hereby DISMISSED with prejudice; and 7) The Clerk shall place the above-captioned matter in STAY and in SUSPENSE. The stay will remain in effect until further Order of Court. It is so ORDERED.

BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.