Turner v. Alfa Alliance Insurance Corporation

Filing 9

CASE MANAGEMENT ORDER: Discovery due by 5/31/2013. Dispositive Motions due by 10/15/2013. Telephone Conference set for 3/25/2013 at 10:00 AM before Magistrate Judge Joe Brown. To participate in the conference call, parties will call 615-695-2851 at t he scheduled time. After consulting with Judge Nixon's courtroom deputy, this matter is set for Jury Trial on 3/25/2014 at 9:00 AM. Pretrial Conference set for 3/14/2014 at 10:00 AM before Senior Judge John T. Nixon. Judge Nixon will issue a separate order covering his requirements for the final pretrial conference and the trial. Signed by Magistrate Judge Joe Brown on 12/23/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
SHEMEKA C. TURNER,
Plaintiff
v.
ALFA ALLIANCE INSURANCE
CORPORATION,
Defendant

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No. 3:12-0799
Judge Nixon/Brown
Jury Demand

CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d)(2), the following Initial Case Management
Plan is adopted.
1.

JURISDICTION: The Court has jurisdiction of this case pursuant to

diversity jurisdiction, 28 U.S.C. § 1332(a) and venue is proper in the Middle District of
Tennessee at Nashville.
2.

PLAINTIFF'S THEORY OF THE CASE: Plaintiff seeks to collect

insurance proceeds under her Homeowner’s policy. Plaintiff submits that Defendant’s
refusal to honor said policy is a breach of the insurance contract and said refusal arises to
the level of bad faith.
3.

DEFENDANT'S THEORY OF THE CASE:

Defendant issued a

homeowner's policy to plaintiff for property damaged by fire on December 18, 2010. Local
fire department officials and ALFA's cause and origin expert agree that the fire was
intentionally set. Defendant denied plaintiff's claim because plaintiff breached the policy
contract by failing to cooperate, failing to provide requested documents, and failing to

complete the Examination Under Oath process. Plaintiff's suit is also barred by Suit Against
Us condition of the policy requiring compliance with policy provisions prior to bringing legal
action against defendant. Plaintiff's claims are also barred due to the Misrepresentation,
Concealment or Fraud provisions of the policy. The subject fire was intentionally set, and
Plaintiff had the motive and opportunity to cause the fire. Plaintiff's actions in attempting to
collect insurance proceeds without complying with the insurance contract and without
cooperating with ALFA and providing requested information constitute fraud and/or
concealment and render the policy void. ALFA filed a Counter-Claim against Plaintiff for
$86,930.67. This is the sum ALFA was required to pay plaintiff's mortgagee under the
policy and under Tennessee law. By virtue of its payment to the mortgagee, denial of
plaintiff's claim, and the terms of the policy, ALFA was assigned the rights of the mortgage
and is entitled to recover this sum from plaintiff.
4.

IDENTIFICATION OF THE ISSUES:

Plaintiff seeks to collect

insurance proceeds under the Homeowner's policy issued by ALFA due to the fire. ALFA
contends it is not responsible for any payment due to plaintiff's failure to comply with policy
conditions. ALFA also contends it is not responsible for payment due to plaintiff's fraud
and/or misrepresentations concerning the fire and/or the insurance claim. ALFA seeks
recovery of the mortgage amount it was required to pay under the policy and Tennessee
law.
5.

INITIAL DISCLOSURES AND STAGING OF DISCOVERY:
Initial Disclosures: The parties shall exchange initial disclosures

pursuant to FED. R. CIV. P. 26(a)(1) on or before November 5, 2012.

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Discovery: The parties shall complete all written discovery and
depose all fact witnesses on or before May 31, 2013. Discovery is not stayed during
dispositive motions, unless ordered by the Court. Local Rule 9(a)(2) is expanded to allow
40 interrogatories, including subparts. No motions concerning discovery are to be filed until
after the parties have conferred in good faith and, unable to resolve their differences, have
scheduled and participated in a conference telephone call with Magistrate Judge Brown.
Disclosure of Experts: The plaintiff shall identify and disclose all
expert witnesses and expert reports on or before July 15, 2013. The defendant shall
identify and disclose all expert witnesses and reports on or before August 1, 2013.
Depositions of Expert Witnesses: The parties shall depose all expert
witnesses on or before September 16, 2013.
6.

CONSENT TO TRIAL BY MAGISTRATE JUDGE: The parties in this

matter do not consent to trial by the Magistrate Judge.
7.

JOINT MEDIATION REPORT: The parties shall file a joint mediation

report on or before June 7, 2013. The parties cannot make a fair assessment as to whether
alternative dispute resolution would be beneficial until after the completion of written
discovery and depositions of fact witnesses.
8.

DISPOSITIVE MOTIONS: The parties shall file all dispositive motions

on or before October 15, 2013. Responses to dispositive motions shall be within 28 days.
Optional replies may be filed within 14 days of the filing of the Response. The Motion and
Response Memoranda shall not exceed 25 pages. Any reply shall be limited to five pages.
9.

SUBSEQUENT CASE MANAGEMENT CONFERENCE: A telephone

conference with Magistrate Judge Brown to discuss case progress is set for March 25,
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2013, at 10:00 a.m. To participate in the conference call, parties will call 615-695-2851
at the scheduled time.
10.

TARGET TRIAL DATE: The parties estimate that this jury trial will

take three days, depending on what issues remain for trial. After consulting with Judge
Nixon’s courtroom deputy, this matter is set for trial on March 25, 2014, at 9:00 a.m. Judge
Nixon will conduct the final pretrial conference on March 14, 2014, at 10:00 a.m. Judge
Nixon will issue a separate order covering his requirements for the final pretrial conference
and the trial.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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