Leventis v. Safeco Insurance Company of America

Filing 200

ORDER STAYING DEADLINES FOR MEDIATION staying the current case deadlines, directing parties to notify the court of the outcome of mediation upon its completion, and notifying parties that if the case is not resolved at mediation on 10/04/2011, the parties' supplemental briefs shall be due on 10/24/2011.. Signed by Honorable Joseph F Anderson, Jr on 08/22/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Leigh J. Leventis and Christopher Leventis,
Plaintiffs,
vs.
First National Insurance Co. of America,
Defendant.
______________________________________
First National Insurance Co. of America,
Counterclaim Plaintiff,
vs.
Christopher Leventis; Carolina Care Plan, Inc.;
Medical Mutual of Ohio; Pitts Radiology
Associates, P.A.; Richland County EMS; and
Palmetto Health Emergency Physicians,
Counterclaim Defendants.
______________________________________
First National Insurance Co. of America,
Third Party Plaintiff,
vs.
Leigh J. Leventis and Palmetto Health
Richland,
Third Party Defendants.
______________________________________

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C/A No.: 3:09-1561-JFA

O RDER S TAYING
D EADLINES FOR M EDIATION

In a recent letter to all counsel of record, this court requested simultaneous
supplemental briefing on or before September 8, 2011, regarding the pending class
certification motion. Specifically, the court sought input from the parties as to the perceived
legislative intent of “assignment” and “authorization to pay” in the context of an insurance
contract.
Counsel for the plaintiff and defendant First National have requested, in a letter filed
August 19, 2011, that the deadline to submit the supplemental briefs on the class certification
issue be extended until October 24, 2011 and that all pending deadlines in the current
scheduling order be suspended to allow the parties to mediate this action. Counsel informs
the court that the parties have agreed to mediate this case on October 4, 2011 before Tom
Wills.
This case was filed in June 2009 and the current scheduling order in this case (ECF
No. 171) has been amended five times. The only remaining scheduling order deadlines are
for the filing of dispositive motions (within 30 days of the court’s ruling on all certification
motions) and trial. In addition, this court previously granted a stay of all deadlines in
September 2010 so that the parties could determine if an alternate resolution to this action
could be reached.
Although this case has been pending for more than two years, the court will allow the
suspension of all deadlines in this case so that the parties may pursue mediation. The
complexity of the claims asserted in this civil action and the near certainty of an appeal make

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this case a good candidate for a compromise resolution of the issues. The parties are directed
to advise this court of the outcome of the mediation as soon as possible upon completion.
If the case is not resolved at mediation on October 4, 2011, the parties’ supplemental
briefs shall be due on or before October 24, 2011. Upon the court’s ruling on the motion for
class certification, the court will issue an amended scheduling order resetting the deadlines
for filing dispositive motions and for trial.
IT IS SO ORDERED.

August 22, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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