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16-425 - City of Orem et al v. Essex Insurance Company


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16-425 - City of Orem et al v. Essex Insurance Company
May 5, 2017
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MEMORANDUM DECISION denying 18 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Paul M. Warner on 5/5/17. (jlw)
July 3, 2017
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 37 Motion to Compel; granting 42 Motion to Expedite; granting 45 Motion to Strike. Signed by Magistrate Judge Paul M. Warner on 07/03/2017. (an)
July 10, 2017
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MEMORANDUM DECISION AND ORDER Denying 51 Motion to Strike. Signed by Magistrate Judge Paul M. Warner on 7/10/17. (dla)
August 29, 2017
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MEMORANDUM DECISION denying 47 Motion to Quash. Burns and Wilcox shall comply with the Subpoena by September 12, 2017. Signed by Magistrate Judge Paul M. Warner on 8/29/17. (jlw)
October 27, 2017
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MEMORANDUM DECISION and ORDER granting 64 Defendant's Motion to Dismiss Third Case of Action. Plaintiffs have fourteen days from the date of this Order to amend their complaint. Signed by Judge Jill N. Parrish on 10/27/2017. (blh)
November 7, 2017
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MEMORANDUM DECISION AND ORDER granting in part and denying in part 66 Motion for Sanctions Against Defendant for Failing to Comply with Court's Order. Plaintiffs are directed, within fourteen (14) days of the date of this order, to file an affidavit and cost memorandum detailing the reasonable expenses, including attorney fees, incurred in connection with filing the instant motion for sanctions. Defendant will then have fourteen (14) days to respond to Plaintiffs' affidavit and cost memorandum. After receiving the parties' briefs, the court will make a final determination concerning the amount of sanctions imposed upon Defendant. Signed by Judge Jill N. Parrish on 11/7/17. (dla)
January 24, 2018
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MEMORANDUM DECISION AND ORDER Sustaining in Part and Overruling in Part Defendant's Partial Objection to Magistrate's Memorandum Decision and Order 102: 1) Plaintiffs shall be allowed to take a Rule 30(b)(6) deposition of a managerial employee of Evanston most knowledgeable regarding the claims manuals, construed broadly to include company policies and procedures regarding claims; 2) The court strikes the final sentence of paragraph 3 of the Sanctions Order, which provides, "[Evanston] shall pay for the reasonable attorney fees and expenses associated with the taking of this deposition"; 3) Evanston is ORDERED to comply with paragraph 2 of the Sanctions Order, which provides that "Defendant shall produce to Plaintiffs Markel's underwriting guidelines in place at the time the City's policy was issued, the Letter of Authority, and any other underwriting guidelines, manuals, policies, procedures, or other documents relied upon by the underwriter in issuing the City's policy"; and 4) Plaintiffs are awarded reasonable expenses, including attorneys' fees, related to Evanston's refusal to produce the documents as ordered by the Production Order. Signed by Judge Jill N. Parrish on 1/24/18. (dla)