J. RANDAL HALL, District Judge.
This matter is before the Court on Defendant Ulysses Rodney Anderson's ("Anderson") Motion for Summary Judgment. (Doc. no. 12.) Also before the Court is Plaintiff Great American Alliance Insurance Company's ("Great American") Motion for Expedited Ruling/Hearing on its request that Anderson's summary judgment motion be denied or deferred for consideration under Federal Rule of Civil Procedure 56(d). (Doc. no. 18.) For the reasons that follow, Defendant Anderson's motion is
This action arises out of a collision in which Anderson allegedly sustained "catastrophically permanent injuries" after a vehicle owned by Looper Cabinet Company, Inc. and driven by Defendant Brian Preston Hensley ("Hensley") struck Anderson's motorcycle. (Compl., Doc. no. 1, ¶¶ 28-35.) Hensley is alleged to have been under the influence of alcohol and to have fled the scene. (
On May 5, 2014, however, Great American filed the instant action against Anderson seeking a declaration of the parties' rights and obligations under two insurance policies: the Businesspro Policy (No. CAP 250-34-88-00) and the Commercial Umbrella Policy (No. UMB 2-50-34-89-00) that Great American, the insurer, issued to Looper Cabinet Company, the owner of the vehicle. (Doc. no. 1, ¶ 2.) Approximately two weeks after answering the complaint and prior to the beginning of discovery, Anderson filed the instant motion for summary judgment.
Anderson asserts, based on evidence produced during the course of litigating the underlying personal injury action, that all issues as to coverage of Defendant Hensley are "undisputed." (Doc. no. 14, pp. 3, 9.) He further argues that Great American must be estopped from denying coverage as it has "exclusively" and "exhaustively" defended Hensley for over eighteen (18) months in the underlying action, albeit pursuant to an allegedly "illegal" reservation of rights. (
Great American opposed the motion, requesting in its response (Doc. no. 16) and subsequently in an independent motion (Doc. no. 18) that the Court deny or defer its consideration of Anderson's summary judgment motion at this premature stage. As Great American is not a named party in the underlying personal injury action, Great American asserts it "cannot at this time present all the material facts essential" to its opposition of Anderson's present motion without discovery. (Doc. no. 16, pp. 4-9.) Specifically, Great American seeks the opportunity to cross-examine various witnesses, including Defendant Hensley, and to serve production requests and interrogatories designed to yield information about Hensley's actions on the day of the collision and the nature of his professional relationship with Looper Cabinet Company at that time. (
Summary judgment is appropriate only if "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. Civ. P. 56(a). Facts are "material" if they could affect the outcome of the suit under the governing substantive law.
The moving party has the initial burden of showing the Court, by reference to materials on file, the basis for the motion.
The Federal Rules of Civil Procedure permit the filing of a motion for summary judgment at any time after the filing of the complaint. FED. R. Civ. P. 56(b). Although discovery is always permitted and permissively expansive, a summary judgment motion may be properly considered at any stage where all of the relevant facts are within the control of the parties and the record on the subject is fully developed.
Defendant Anderson filed his motion for summary judgment approximately three weeks prior to the parties' Rule 26(f) conference. Here, Great American — though undoubtedly knowledgeable about the underlying facts of this action through its provision of a defense for Defendant Hensley on liability grounds in superior court — has had no opportunity to develop its own case as to coverage beyond initial disclosures. The Court agrees that at the very minimum, Great American's desire to cross-examine Hensley, the sole remaining defendant in the underlying action and about whom coverage is in dispute, is patently reasonable and potentially indispensable to the issues at hand in this declaratory judgment action. Indeed, "Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation."
The Court therefore finds Defendant Anderson's motion to be premature.
For the reasons set forth above, Defendant Anderson's Motion for Summary Judgment (Doc. no. 12) is