Allstate Insurance Company v. Hill et al

Filing 19

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 1/3/2011. Discovery due by 3/1/2011. Dispositive Motions due by 4/30/2011. Joint Mediation Report due by 2/1/2011. Telephone Conference set for 2/1/2011 at 10:00 AM. To participate in the conference call, parties shall call 615-695-2851 at the scheduled time. Signed by Magistrate Judge Joe Brown on 10/25/10. (dt)

Allstate Insurance Company v. Hill et al

Doc. 19

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE COOKEVILLE DIVISION ALLSTATE INSURANCE COMPANY, Plaintiff v. ROBERT HILL, SR., AUDRY HILL, ROBERT HILL, JR., a minor, KENNY RAY HUDDLESTON, and PATTY SEWELL, in her capacity as Administratrix of the Estate of KENNETH HALL HUDDLESTON, Deceased, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 2:10-0085 Judge Campbell/Brown

INITIAL CASE MANAGEMENT ORDER Pursuant to Local Rule 16(d), the following Initial Case Management Plan is adopted. A. BRIEF THEORIES OF THE PARTIES: 1. PLAINTIFF: On February 16, 2008 Robert Hill,

Sr. shot and killed Kenneth Hall Huddleston. Allstate insured Robert Hill, Sr. under a homeowner's policy and a personal umbrella policy. Both policies contain exclusions for intentional acts. Furthermore, the homeowner's policy contains a joint obligations clause which precludes coverage for any insured based upon the intentional actions of an insured. Allstate requests the Court to declare there is no insurance coverage for Robert Hill, Sr., Audrey Hill, Robert Hill, Jr., or any other person under the homeowner's policy. Allstate further requests this Court declare there is no

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insurance coverage for Robert Hill, Sr. under the personal umbrella policy due to his intentional acts. 2. HILL DEFENDANTS: The defendant, Robert Hill,

Sr.'s personal umbrella policy issued by Allstate Insurance Company defines an "occurrence" as including ".... personal injury and property damage caused by an insured while trying to protect persons or property from personal injury or property damage". The Hill Defendants insist that this definition of "occurrence" clearly places an obligation to defend and indemnify the Hills without reservation under the current factual situation. The Hills further maintain that the actions criminal of Robert Hill, Sr. are were neither to

intentional

nor

and

therefore

subject

indemnification under the policies. 3. HUDDLESTON DEFENDANTS: Allstate expects to

move for default as to these Defendants. C. D. E. ISSUES RESOLVED: None ISSUES STILL IN DISPUTE: Insurance coverage. INITIAL DISCLOSURES: The parties shall exchange

initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) on or before November 1, 2010. F. DISCOVERY: The parties shall complete all written

discovery and depose all fact witnesses on or before March 1, 2011. Discovery is not stayed during dispositive motions, unless ordered by the Court. No Motions concerning discovery are to be filed until 2

after the parties have conferred in good faith and are unable to resolve their differences, have scheduled and participated in a conference call with Judge Brown. The deadline for filing

discovery-related motions is April 15, 2011. G. MOTIONS TO AMEND: The parties shall file all motions to amend on or before January 3, 2011. H. DISCLOSURE OF EXPERTS: The Plaintiff shall identify

and disclose all expert witnesses and expert reports on or before February 1, 2011. Defendants shall identify and disclose all

expert witness reports on or before March 1, 2011. I. DEPOSITIONS OF EXPERT WITNESSES: The parties shall

depose all expert witnesses on or before April 15, 2011. J. DISPOSITIVE MOTIONS: The parties shall file all

dispositive motions on or before April 30, 2011.

Responses to

dispositive motions shall be filed within 21 days after service. Optional replies, limited to five pages, shall be filed within 14 days after service of the response. Other briefs shall not exceed 20 pages. K. ELECTRONIC DISCOVERY: The parties have reached

agreements on how to conduct electronic discovery. Thus, the default standard contained in Administrative Order No. 174 need not apply to this case. L. JOINT MEDIATION REPORT: The parties shall submit a

Joint Mediation Report on February 1, 2011. A telephone conference 3

with Magistrate Judge Brown to discuss case progress is set for Thursday, February 1, 2011, 10:00 a.m. To participate in the

conference call, parties shall call 615-695-2851 at the scheduled time. M. ESTIMATED TRIAL TIME: The parties expect the Bench A trial date on or after The Parties believe

trial to last approximately two days.

October 3, 2011, is recommended, if needed.

this case may well be resolved on summary judgment. It is so ORDERED. /s/ Joe B. Brown JOE B. BROWN United States Magistrate Judge

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