Bannister v. Travelers Insurance Company

Filing 19

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 5/19/2014. Discovery due by 4/24/2014. Dispositive Motions due by 10/1/2014. Signed by District Judge Aleta A. Trauger on 11/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARJORIE BANNISTER,

)
)
Plaintiff,
)
CASE NO. 3:13-0722
)
JURY DEMAND
v.
)
)
JUDGE TRAUGER
TRAVELERS INSURANCE COMPANY,
)
)
MAGISTRATE JUDGE
Defendant.
)
BROWN
______________________________________________________________________________

INITIAL CASE MANAGEMENT ORDER
______________________________________________________________________________
A.

JURISDICTION: The Court has jurisdiction of this case pursuant to 28 U.S.C.

§§ 1332, 1441, and 1446. Jurisdiction is not disputed.
B.

BRIEF THEORIES OF THE PARTIES:

1)

PLAINTIFF: The Plaintiff is a homeowner who has a homeowner's insurance
policy ("Policy") with the Defendant. The Plaintiff made a claim under her Policy for
sinkhole damages that occurred to her home. Even though the Defendant confirmed
that the damage was caused by sinkhole activity, the Defendant denied the claim.
Tenn. Code Ann. § 56-7-130 provides that coverage must be made available for
sinkhole activity and provides the minimum standards of investigating a sinkhole
claim. Coverage was not made available to this Plaintiff, and the Defendant did not
meet these minimum standards of investigation before denying the claim.

The

Defendant has breached the Policy with the Plaintiff by failing to pay all benefits due
for damages from sinkhole activity. Further, Defendant did not handle the claim in
good faith.

2)

DEFENDANT: The Defendant admits that it issued a policy of insurance to
Plaintiff that was in effect at the time that Plaintiff alleges that her property was
damaged as a result of sinkhole activity. Defendant also admits that it sent a
professional engineer to Plaintiff’s property and that the engineer determined that
there was damage to the Plaintiff’s home that was caused by sinkhole activity.
However, it is Defendant’s theory that the damage to Plaintiff’s home is not
covered under Defendant’s policy for the reason that the damage to the home was
not “sudden” as required by Defendant’s policy.

C.

ISSUES RESOLVED: Jurisdiction and venue.

D.

ISSUES STILL IN DISPUTE: Liability and damages.

E.

MANDATORY INITIAL DISCLOSURES: Pursuant to Fed. R. Civ. P. 26(a)(1),

all parties must make their initial disclosures within 14 days after the initial case management
conference which is on or before November 11, 2013.
F.

DISCOVERY: The parties shall complete all written discovery and depose all
2014
fact witnesses on or before April 24, 2013. Discovery is not stayed during dispositive motions,
xxxx
unless ordered by the Court. Local Rule 33.01(b) is expanded to allow 40 interrogatories,
including sub-parts. 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 Judge Trauger.
G.

MOTIONS TO AMEND: The parties shall file all Motions to Amend on or
2014
xxxx
before May 19, 2013.
H.

DISCLOSURE OF EXPERTS: Plaintiff shall identify and disclose all expert

witnesses and expert reports on or before May 16, 2014. Defendant shall identify and disclose all

expert witnesses and reports on or before June 16, 2014. The parties shall identify and disclose
all rebuttal expert witnesses and reports on or before July 16, 2014.
I.

DEPOSITIONS OF EXPERT WITNESSES: The parties shall depose all expert

2014
witnesses on or before August 25, xxxx
2013.
J.

JOINT MEDIATION REPORT: The parties shall file a joint mediation report on

or before July 21, 2014.
K.

DISPOSITIVE MOTIONS: The parties shall file all dispositive motions on or

before October 1, 2014. Responses to dispositive motions shall be filed within twenty (20) days
after the filing of the motion. Optional replies may be filed within ten (10) days after the filing
of the response. Briefs shall not exceed 20 pages. No motion for partial summary judgment
shall be filed except upon leave of court. Any party wishing to file such a motion shall first file a
separate motion that gives the justification for filing a partial summary judgment motion in terms
of the overall economy of time and expense for the parties, counsel, and the Court.
L.

ELECTRONIC DISCOVERY: The parties will attempt to reach an agreement on

how to conduct electronic discovery on a consensual basis. Until such time, the parties will
conduct electronic discovery pursuant to the default standard contained in Administrative Order
No. 174.
M.

ESTIMATED TRIAL TIME: The parties expect that trial will last approximately

four days.
It is so ORDERED.
_____________________________
ALETA A. TRAUGER
U.S. DISTRICT JUDGE

APPROVED FOR ENTRY:

/s/ Sonya S. Wright________________
Sonya S. Wright (BPR 023898)
Hagan & Farrar, PLLC
106 N. Church Street
Murfreesboro, TN 37130
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Thomas W. Thompson (BPR 025817)
Thompson Trial Group, P.A.
4725 North Lois Avenue
Tampa, Florida 33614-7046
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

/s/ Marc O. Dedman (by permission Sonya S. Wright)
Mr. Marc O. Dedman (BPR 014044)
Mr. Thomas J. Smith, (BPR 018229)
Spicer Rudstrom, PLLC
414 Union Street
Bank of America Plaza, Suite 1700
Nashville, TN 37219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant