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Illinois Union Insurance Co. v. Goodman Company, L.P.

United States District Court, M.D. Tennessee, Nashville Division

August 26, 2019

ILLINOIS UNION INSURANCE COMPANY a/s/o Life Care Centers of America, Inc.; a/s/o Highland Park ALF Real Estate Investors, LLC and a/s/o Highland Park ALF Operations, LLC, Plaintiff,
v.
GOODMAN COMPANY, L.P. a/k/a GOODMAN MANUFACTURING COMPANY, L.P.; and GOODMAN MANUFACTURING LP and GOODMAN MANUFACTURING COMPANY, L.P. a/k/a GOODMAN MANUFACTURING LP; and GOODMAN COMPANY, L.P., Defendants.

          Jean Dyer Harrison Attorney for Plaintiff

          J. Isaac Sanders, NEAL & HARWELL Attorney for Defendant

          Campbell, Judge.

          INITIAL CASE MANAGEMENT ORDER

          Joe B. Brown, United States Magistrate Judge.

         A. JURISDICTION:

         The court has jurisdiction pursuant to pursuant to 28 U.S.C. § 1332 because there is diversity of citizenship between Plaintiff and Defendants and the amount in controversy is greater than $75, 000.

         B. BRIEF THEORIES OF THE PARTIES:

         For Plaintiff: Plaintiff is asserting claims based on strict product liability against Defendants following a July 16, 2018 fire at The Bridge at Hickory Woods, an assisted living facility in Antioch, Tennessee. Plaintiff insured the premises and seeks to recover all claim payments made or to be made arising out of the fire. The cause of the fire was attributed to a design and/or manufacturing defect with a packaged terminal air conditioner/heat pump (“PTAC”) that was designed, fabricated, assembled, tested, manufactured, packaged, labeled and sold by Defendants. The PTAC model involved was the subject of a recall that was first announced on or about March 1, 2018. The total damages are expected to exceed $957, 374.00.

         For Defendant: Defendants deny that they are liable to Plaintiff under any theory of liability. Defendants deny that the July 16, 2018 fire at The Bridge at Hickory Woods was caused by any action or inaction of either of the Defendants, and deny that the fire was caused by any defect in any product that was attributable to either of the Defendants. Defendants are not strictly liable to Plaintiff, and Plaintiff is not entitled to recover the damages alleged in the Complaint. Defendants aver that the subject fire was caused by superseding or intervening acts or omissions of persons or companies other than Defendants, for whom Defendants are neither responsible nor liable.

         C. ISSUES RESOLVED: Jurisdiction and venue.

         D. ISSUES STILL IN DISPUTE: Liability and damages.

         E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1) on or before September 26, 2019.

         F. CASE RESOLUTION PLAN AND JOINT STATUS REPORTS:

         The parties are encouraged to consider the Alternative Dispute Resolution options provided in Local Rule 16.02 through 16.05. On or before November 18, 2019 the parties shall submit a joint report confirming that the parties made a good faith attempt to resolve the case. The joint report shall also state whether the parties believe ADR might assist in resolution of the case. If a judicial settlement conference is requested in either joint report or separately, the parties shall also state (i) the reasons why mediation is not feasible; (ii) their proposed timing for scheduling of the settlement ...


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