CONTINENTAL CASUALTY COMPANY v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY

Filing 49

ORDER THAT PLAINTIFF CONTINENTAL CASUALTY COMPANY'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT PENN NATIONAL'S MOTION FOR SUMMARY JUDGMENT ARE DENIED AND A TRIAL SCHEDULING CONFERENCE WILL BE HELD ON TUESDAY, JUNE 11, 2019, AT 2:00 AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/22/19. 5/23/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
CONTINENTAL CASUALTY COMPANY,
:
:
Plaintiff,
:
:
v.
:
:
PENNSYLVANIA NATIONAL MUTUAL
:
CASUALTY INSURANCE COMPANY,
:
:
Defendant.
:
____________________________________________:

CIVIL ACTION

No. 17-4183

ORDER
AND NOW, this 22nd day of May, 2019, upon consideration of (1) Plaintiff Continental
Casualty Company’s (“CCC”) Motion for Summary Judgment (Doc. No. 34), Defendant
Pennsylvania National Mutual Casualty Insurance Company’s (“Penn National”) Response (Doc.
No. 41), and CCC’s Reply (Doc. No. 43); and (2) Defendant Penn National’s Motion for Summary
Judgment (Doc. No. 36), CCC’s Response (Doc. No. 39), and Penn National’s Reply (Doc. No.
42), and following oral argument held on May 10, 2019, it is hereby ORDERED that both Motions
are DENIED. A trial scheduling conference will be held on Tuesday, June 11, 2019 at 2:00 p.m.
The Conference shall be conducted by telephone. Counsel for Plaintiff shall initiate the conference
call with counsel for Defendant before calling Chambers.
It is further ORDERED that Defendant Penn National’s Motion for Contempt directed to
Marc Zingarini (Doc. No. 32), Defendant’s Motion for Contempt directed to John J. Delany, III
and Andrew Campbell (Doc. No. 33), and Defendant’s Motion to Compel Production of
Documents (Doc. No. 27) are all DENIED WITHOUT PREJUDICE. In light of the Court’s
ruling on the cross-motions for summary judgment, and given the representations at the May 10,

2019 oral argument that some of the alleged privileges protecting the sought-after documents may
have been voluntarily waived, the parties shall meet and confer on whether these documents should
be produced for purposes of the upcoming trial. Penn National may refile these motions, if
necessary, after the meet and confer.

BY THE COURT:

/s/ Mitchell S. Goldberg
__________________________________
MITCHELL S. GOLDBERG,
J.