REGIS INSURANCE COMPANY v. A.M. BEST COMPANY, INC.

Filing 43

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO PRECLUDE (DOC. 30) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. FURTHER ORDERED UPON CONSIDERATION OF PLAINTIFFS UNOPPOSED MOTION FOR ACCELERATED DISPOSITION (DOC. 41) IS DENIED AS MOOT. FURTHER ORDERED THAT PARTIES SHALL PROCEED TO FILE DISPOSITIVE MOTIONS 30 CALENDAR DAYS FROM THE DATE OF ENTRY OF THIS ORDER, ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 2/2/12. 2/6/12 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

REGIS INSURANCE COMPANY,
Plaintiff,
v.
A.M. BEST COMPANY, INC.,
Defendant.

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CIVIL ACTION
NO. 10-3171

ORDER
AND NOW, this ___of February, 2012, upon consideration of Defendant’s Motion to
Preclude (Doc. 30), Plaintiff’s Response (Doc. 33), and Defendant’s Reply thereto (Docs. 38, 39,
40), IT IS HEREBY ORDERED that Defendant’s motions are GRANTED IN PART, AND
DENIED IN PART1, as follows:
1.

Defendant’s Motion to Preclude Plaintiff from introducing any testimony relating
to, and all information obtained from, the May 3, 2011 ex parte meeting (Doc. 30)
is GRANTED.

2.

Defendant's Motion to Preclude Defendant from producing expert testimony (Doc.
30) is DENIED.

3.

Defendant's Motion to direct that certain facts be taken as established in this action
(Doc. 30) is DENIED.

4.

Defendant’s requests to: (1) bar Plaintiff from introducing certain documents as
outlined in Exhibit 1 of Doc. 39; (2) require Plaintiff to produce the letter, dated
January 23, 2001, referenced in William F. Sotigan’s February 20, 2001 letter
(RIC002158-2159), or provide a detailed account to Defendant if it is unable to do

1

This Order accompanies this Court’s memorandum, dated February 1, 2012.

so; and (3) require Plaintiff to produce a privilege log reflecting all designations of
attorney-client privilege, work product doctrine, or any other privilege Plaintiff
claims (Doc. 38) are GRANTED. Plaintiff, if it has not done so already, shall
provide the aforementioned items to Defendant within ten (10) calendar days of the
date of entry of this Order.2
IT IS FURTHER ORDERED, upon consideration of Plaintiff’s unopposed Motion for
Accelerated Disposition (Doc. 41) is DENIED AS MOOT.3
IT IS FURTHER ORDERED that the parties shall proceed to file dispositive motions
thirty (30) calendar days from the date of entry of the present Order, as set forth in this Court’s
previous Order (Doc. 36), or contact the Court via letter concerning any issues that may prevent
the parties with complying with this Court’s Order (Doc. 36). Upon the resolution of dispositive
motions, the Court shall set a new trial date for this matter.

BY THE COURT:
/s/ Petrese B. Tucker
____________________________
Hon. Petrese B. Tucker, U.S.D.J.

2

The Court notes that Plaintiff views discovery as complete (Doc. 41). The Court, however, urges the
parties to contact the Court directly if there remain any outstanding discovery issues after the issuance of this Order,
in the interest of moving this matter toward final resolution.
3

This Order and the Court’s accompanying memorandum addresses the issues for which Plaintiff requests
an accelerated disposition by the Court, and thus the motion shall be denied as moot.