Thursday, September 30, 2010

Tennessee Case - National Union Fire Insurance of Pittsburgh v. Small Smiles Holding Company Update - September 30, 2010

Case Number 3:10-0743 filed in United States Federal District Court Middle District of Tennessee – Nashville Division

Small Smiles Holding Answer to the Complaint filed by National Union Fire Insurance Company of Pittsburg.  NUFIC is a Subsidiary of disgraced AIG, American International Group.

Judge Joe Brown recused himself; no reason was given.

Order after Judge Brown recused himself, by Judge Juliet Griffin

Small Smiles Corporate Disclosure Statement- It has no parent company and American Capital Strategies, LTD owns more than 10%.  Small Smiles Holding is the parent company of FORBA Holding, LLC.

Joint Case Management Order – This document states an over view of both sides of the case as well as the court's calendar.

 

November 9, 2010 – Deadline for Small Smiles Holding to file a Counterclaim against National Union Fire (AIG)
January 31, 2011 – Deadline for Small Smiles Holding Company to file third-party claims under
Federal Rules Of Civil Procedure 13.  Join additional parties under rule 14.  Join additional parties under rule 19 or 20.
January 31, 2011 – Last chance to amend pleadings under Rule
15.

Discovery Schedule:


October 15, 2010 AIG's National Union Fire Insurance Company of Pittsburgh and Small Smiles Holding Company to make initial disclosures of their respective evidence.
February 18, 2011 - Discovery related to motions, except those dealing with "experts"
March 18, 2011 - All Fact Discovery and Discovery related motions are to be completed, except those related to experts. AIG's National Union Fire Insurance Company of Pittsburgh and Small Smiles Holding Company may each serve 50 Interrogatories, which includes all subparts questions.  If they need more, they mutually must agree.
March 30, 2011 –
Deadline to ask the court for a Settlement Conference if they decide on an attempt at a settlement in the case (and the FORBA bunch usually settle or dismiss.
April 15, 2011 - AIG's National Union Fire Insurance Company of Pittsburgh  must disclose their expert witnesses and any reports from the experts.
May 16, 2011 – Small Smiles Holding Company has to disclose their expert witnesses and reports from those expert witnesses.
June 30,2011- Depositions of the "experts" must be completed.
July 29, 2011 – Deadline for Motions/Objections to be filed by either party in relation to the depositions taken and the opposing party has 45 days to respond to any Motions/Objections.  Parties have the option to file briefs within 29 days of any response.

Monthly case management conferences are scheduled to address issues National Union Fire Insurance (AIG) and Small Smiles Holding Company are unable to resolve among themselves.

January 9, 2012 – Deadline for parties to file objections to expert testimony and motions in limine.

Trial by Jury Date Set for January 31, 2012 by Judge Todd Campbell; it is slated to last 10-14 days.

 

For Reference – Federal Rules of Civil Procedure (Fed. R. Civ. P.)