Free Status Report - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

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Filed 03/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

PLAINTIFF S STATUS REPORT

Plaintiff, KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, respectfully submits the following Status Report to this Court, outlining Fincher s remaining claims for trial and the proceedings necessary, pursuant to this Court s Order of February 28, 2006: 1. Plaintiff s remaining claims for trial: A. The reformation issue was resolved by this Court s recent ruling, leaving Failure to Pay PIP Benefits; Breach of the

these theories: Breach of Contract

Covenant of Good Faith and Fair Dealing; Willful and Wanton Breach of Contract; and Deceptive Trade Practice- violation of C.R.S. § 6-1-105(1)(e) and (g).

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2.

Additional discovery: The following discovery needs to be completed in order to

prepare Plaintiff s claims for trial, and given the passage of time since the last period of discovery, the following discovery periods should be approved by the court: A. A period of supplemental discovery for class certification issues of 75 days. B. Beginning two weeks after the ruling on the Motion for Class Certification, a period of 90 days to complete discovery related to the merits of the remaining claims. 3. Further proceedings: Based upon the above, Plaintiff believes the following

proceedings are necessary in this matter: A. Class Certification. Plaintiff filed over a year ago a Motion for Class

Certification. However, the briefing on that motion remains incomplete because of a stay requested by Prudential a year ago. Plaintiff believes that a briefing schedule for the Motion for Class Certification is needed (perhaps starting with a replacement initial motion), followed by an evidentiary hearing on the Motion for Class Certification. Plaintiff proposes that a new motion be filed within two

weeks of the Court s request, with the response brief due within 20 days and the reply brief due within 15 days. The proposed hearing would not take more than four hours, Plaintiff believes. B. Motions. The Plaintiff also believes that a briefing schedule for any other dispositive motions and motions in limine should be established at this time. C. Trial. A trial should be scheduled regarding the remaining issues. If a class is certified, a trial in accordance with an approved trial plan should be scheduled.

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If a class is not certified, Plaintiff s individual trial will be needed.

Plaintiff

requests a setting based on a class trial going forward, which would last no more than fourteen days. If a shorter trial is warranted because of this Court s rulings, the length of trial can be adjusted thereafter. The trial date would need to reflect class notice timing issues. Respectfully submitted this 13th day of March, 2006.

s/L. Dan Rector Robert B. Carey L. Dan Rector The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected] Attorneys for Plaintiff

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on 13th day of March, 2006, electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]

s/L. Dan Rector L. Dan Rector The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]

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