Kibbie v. Killington/Pico Ski Resort, LTD et al

Filing 56

SCHEDULING ORDER and ORDER granting 54 MOTION to Amend 51 Order on Motion to Substitute Party. Plaintiff statement re: remaining claims due within 30 days. Defendant's response then due within 15 days. Conference to be scheduled by the court thereafter. Signed by Chief Judge Geoffrey W. Crawford on 12/9/2020. (esb)

Case 5:16-cv-00247-gwc Document 56 Filed 12/09/20 Page 1 of 2

U.S. OlShJCf COU T
OiS H;lCT OF VERM ON T

~-:i. Cf:

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

202!. DEC -9 PM 4: SI
CLERfi~

THOMAS KIBBIE,
Plaintiff,
V.

KILLINGTON/PICO SKI RESORT
PARTNERS, LLC, and MEMIC
SERVICES INC.,
Defendants.

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Case No. 5:16-cv-247

SCHEDULING ORDER
AND ORDER ON MOTION TO AMEND AMENDED COMPLAINT
(Doc. 54)
The comi has now issued its ruling on defendant MEMIC's motion for summary
judgment. (Doc. 55.) The comi has granted paiiial summary judgment, resolving claims of bad
faith concerning the denial of workers compensation claims for neck injury as well as the claims
of intentional infliction of emotional distress and civil conspiracy.
What remains are certain claims of insurance bad faith and parallel claims concerning the
same conduct pled as breach of the duty of good faith and fair dealing. The court requires that
Plaintiff submit a short, clear statement of each action by MEMIC which Plaintiff claims
violated this standard. This statement should include the date, the action taken by the insurer,
and the MEMIC employee who took the action. The statement shall be submitted within
30 days.
Defendant shall submit any response within 15 days. The court will then schedule a
conference to discuss these specific, detailed claims and how much trial time is required to
resolve the remaining disputes. The purpose of this process is to focus on exactly which conduct

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Case 5:16-cv-00247-gwc Document 56 Filed 12/09/20 Page 2 of 2

by MEMIC remains in dispute and to plan a trial which will bring this four-year old case to a
conclusion.
The court GRANTS the motion to amend the caption to correct the name of the
Killington defendant to "Killington/Pico Ski Resort, Paitners, LLC." (Doc. 54.)
SO ORDERED.
Dated at Burlington, in the District ofVe1mont, this 9 ~y of December, 2020.

Geoffrey W. Crawford, Chief Judge
United States District Court

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