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

Filing 239

ORDER denying 197 Motion for Discovery, granting 201 Motion to Modify Scheduling Order, and granting 216 Motion to Withdraw as Attorney. Attorney Steven Plitt and Joshua Rogers terminated. Defendant Lexington WITHDREW its motion to disqu alify attorneys David E. Wood and John Corbett (Docket Entry No. 217). The plaintiff WITHDREW its motion for protective order (Docket Entry No. 208), with leave to refile a revised motion if necessary. Discovery due by 11/7/2014. Dispositive Motions due by 12/8/2014. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge Juliet E. Griffin on 8/7/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

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

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No. 3-11-0449
Consolidated with Case No. 3-12-02481

ORDER
The following matters, inter alia, were addressed during the July 10, 2014, and July 16, 2014,
telephone conference calls with counsel for the parties and the Court:
1.

In part by agreed order entered August 5, 2014 (Docket Entry No. 235), plaintiff's

motion for leave to propound additional interrogatories (Docket Entry No. 197) was DENIED as to
defendant Ironshore Specialty Insurance Company and GRANTED as to defendant Lexington.
2.

The plaintiff's motion to modify scheduling order and trial date (Docket Entry

No. 201) has been effectively GRANTED by the order entered August 5, 2014 (Docket Entry
No. 236) and as set forth below.
As scheduled during the July 16, 2014, telephone conference call with counsel for the parties
and by order entered August 5, 2014 (Docket Entry No. 234), a hearing was held on August 6, 2014,
at which time the following matters were addressed:

1

There are no longer any claims asserted by CHS/Community Health Systems, Inc. and
Triad Healthcare Corporation as originally asserted in the lead case (3-11-0449). See Fourth
Amended Consolidated Complaint filed May 15, 2014 (Docket Entry No. 194). Although
technically case no. 3-11-0449 should be closed, closing that case and only using 3-12-0248 in the
future would present an administrative nightmare. Therefore, the lead case will remain 3-11-0449
and all filings and entries shall continue to be made in 3-11-0449.

1.

The motion filed by Defendant Lexington Insurance Company for Joshua D. Rogers

and Kunz Plitt Hyland & Demlong to withdraw as attorney of record (Docket Entry No. 216) is
GRANTED.
The Clerk is directed to terminate Joshua D. Rogers and Steven Plitt as counsel for defendant
and counter-plaintiff Lexington Insurance Company ("Lexington").
2.

Defendant Lexington WITHDREW its motion to disqualify attorneys David E. Wood

and John Corbett (Docket Entry No. 217). The Clerk is directed to terminate that motion as pending.
3.

The plaintiff WITHDREW its motion for protective order (Docket Entry No. 208),

with leave to refile a revised motion if necessary. The Clerk is directed to terminate that motion as
pending.
4.

The parties shall propound written discovery no later than September 5, 2014.

5.

All fact discovery shall be completed by November 7, 2014.

6.

The parties shall have until October 17, 2014, to serve expert disclosures in accord

with Rule 26(a)(2) of the Federal Rules of Civil Procedure.
7.

Any rebuttal expert disclosures shall be served by October 31, 2014.

8.

All expert discovery shall be completed by November 21, 2014.

6.

Any dispositive motion relating, including but not limited to bad faith issues, shall

be filed by December 8, 2014. Any response shall be filed within 28 days of the filing of the motion
or by January 5, 2015, if the motion is filed on December 8, 2014. Any reply, if necessary, shall be
filed within seven (7) days of the filing of the response or by January 12, 2015, if the response is
filed on January 5, 2015.
No other filings in support of or in opposition to any dispositive motion shall be made after
January 12, 2015, except with the express permission of the Honorable John T. Nixon.
It is so ORDERED.
JULIET GRIFFIN
United States Magistrate Judge
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