CHS/Community Health Systems, Inc. et al v. Lexington Insurance Company et al

Filing 119

ORDER: On 8/29/2012, counsel for the parties called the Court, at which time the following matters were addressed: The motion of defendant Ironshore Specialty Insurance Company to quash depositions and to set an emergency case management conference c all on the "shared limits" issue 117 was effectively Granted. A hearing before the Magistrate Judge is scheduled on Thursday, 9/6/2012, at 4:00 p.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN, to address whether the parties have been able to reach an appropriate stipulation and, if not, to address why the parties cannot reach an agreement. Signed by Magistrate Judge Juliet E. Griffin on 9/4/12. (dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHS/COMMUNITY HEALTH
SYSTEMS, INC.; TRIAD
HEALTHCARE CORPORATION; and
QUORUM HEALTH RESOURCES,
LLC,
Plaintiffs/Counter-Defendants
and
UNITED TORT CLAIMANTS,
Plaintiff Intervenor
v.
LEXINGTON INSURANCE
COMPANY,
Defendant/Counter-Plaintiff
and
IRONSHORE SPECIALTY
INSURANCE COMPANY
Defendant

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No. 3-11-0449
Consolidated with Case No. 3-12-0248

ORDER
On August 29, 2012, counsel for the parties called the Court, at which time the following
matters were addressed:
1.

The motion of defendant Ironshore Specialty Insurance Company to quash depositions

and to set an emergency case management conference call on the "shared limits" issue (Docket Entry
No. 117) was effectively GRANTED.
2.

There was extensive discussion about a stipulation relating to the New Mexico

settlement and the shared limits issue. See Docket Entry Nos. 107-109, 113, and 117-18. The
parties had hoped and, the Court understood, expected to enter into a stipulation that would obviate
the need for any discovery on the shared limits issue and the need for any motions for summary
judgment on the issue. Why the parties are not able to reach such a stipulation is not entirely clear
to the Court, despite counsels' recitations of their competing concerns.

Counsel advised that Magistrate Judge Torgerson, who has already had a settlement
conference and follow-up discussions with counsel in the New Mexico action, has scheduled a
meeting with counsel on August 31, 2012. The same issue apparently threatens to blow up the New
Mexico settlement--a result no one wants.
3.

Since oral argument on the pending motions for partial summary judgment (Docket

Entry Nos. 82, 83, and 87) is scheduled before the Honorable John T. Nixon on September 7, 2012,
a hearing before the Magistrate Judge is scheduled on Thursday, September 6, 2012, at 4:00 p.m.,
in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN, to address whether the parties
have been able to reach an appropriate stipulation and, if not, to address why the parties cannot reach
an agreement.
4.

In the event that the parties are not able to enter into a stipulation--which the Court

earnestly hopes will not be the case--scheduling deadlines will be extended so as not to prejudice the
parties' ability to conduct discovery as necessary and to timely file dispositive motions on the shared
limits issue.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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