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Millard Gutter Co. v. State Farm Fire and Casualty Co.

United States District Court, D. Nebraska

January 24, 2017

MILLARD GUTTER COMPANY, a Corporation; Plaintiff,
v.
STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

          ORDER

          Joseph F. Bataillon Senior United States District Judge

         This matter is before the court on the recommendations of the Special Master. The court finds the recommendations should be adopted. Accordingly, IT IS HEREBY ORDERED:

February 13, 2017

Spreadsheet to be completed by plaintiff and served on defendant and Special Master.

February 20, 2017

Both parties to identify with blind e-mail to Special Master the names of up to three (3) homeowner claims they wish to include in discovery in this process as well as up to three (3) individuals they wish to depose in each of the cases identified. If the names of the individuals are not presently known, the title of the individual will be substituted to the extent possible.

Parties will also serve Requests for Production of Documents ("Initial RFPs") by this date in each of the up to three (3) cases they identify as wanting to conduct discovery in.

February 27, 2017

Deadline for defendant to supplement plaintiff's spreadsheet.

Parties are to submit whatever Requests for Production ("Backside RFPs") they choose in the cases identified by the other party as one to be included in the discovery. As an example, if plaintiff were to identify the Hanson case as one they wish to conduct discovery in, plaintiff would serve the Initial RFP from the Hanson file on 2/20/17. Defendant would then produce its Backside RFP for documents possessed by plaintiff in the Hanson file by 2/27/17

March 2, 2017

Objections to initial RFPs due.

March 9, 2017

Objections to Backside RFPs due.

March 20, 2017

All discovery responses due that were not objected to or have been ruled on by the Court.

April 10, 2017

Depositions to start.

May 19, 2017

Depositions to conclude.

June 6, 2017

Deposition summaries, if any, due to Special Master.

June 19, 2017

Parties and Special Master will convene in Omaha, Nebraska, at 9:00 a.m. at a place to be determined for purposes of "closing arguments" or any other reason requested by the Special Master or the parties.

         SPREADSHEET:

The spreadsheet to be submitted by plaintiff shall include the following columns:
1. Name of insured;
2. Address of insured;
3. State Farm claim number, if known;
4. Date of loss;
5. Whether plaintiff possesses an Assignment or Authorization to Proceed, or both, and the date of said document;
6. Blank column for State Farm response to Column 5;
7. Deductible;
8. Blank column for State Farm response to ...

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