Opinion

Homesite Insurance Company of The Midwest v. Geaith

Court
District Court, M.D. Pennsylvania
Filed
Jul 11, 2023
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

HOMESITE INS. CO. OF THE : Civil No. 1:22-CV-1664

MIDWEST, :

:

Plaintiff : (Judge Conner)

:

v. :

:

OMAR EWIDEH, et al., : (Magistrate Judge Carlson)

:

Defendants :

MEMORANDUM ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

This case is a declaratory judgment action brought by Homesite Insurance

Company of the Midwest (“Homesite”) against two of its insureds, Omar Ewideh

and Nivertiti Geaith. (Doc. 1). In this lawsuit Homesite seeks a determination of

whether it has fully discharged its legal responsibilities under its homeowner

insurance policy with the defendants. According to Homesite the insureds’ home

suffered water leak damage on two separate occasions, and experienced mold

damage which was covered on Homesite’s policy. Homesite alleges that it paid the

defendants more than $294,000 as reimbursement on these claims pursuant to the

terms of this homeowner policy. (Id., ¶¶ 1-56).

Notwithstanding these payments, Homesite alleges that the defendants have

filed additional claims against its policy but has violated that policy by refusing to

cooperate in the investigation of these additional claims; refusing to permit

inspection of the property; failing to protect the property; and failing to properly

document their claimed losses. (Id., ¶¶ 57-111). Homesite also asserts that the

defendants have made false statements and concealed material facts from the

plaintiff in the course of its investigation of these claims in violation of the

homeowner policy. (Id., ¶¶ 112-24). Cast against the backdrop of these factual

averments Homesite seeks a declaratory judgment that it has properly and

adequately adjusted the defendants’ claims under this homeowner insurance policy.

(Id., ¶¶ 125-29).

The parties are embroiled in a contentious course of litigation and discovery

which has delayed merits consideration of this case. The cause of much of this

unconscionable delay has been the defendants, who have indulged in an improper

and paradoxical course in this litigation, professing to seeks a prompt resolution of

this lawsuit while constantly delaying proceedings through frivolous filings, failures

to abide by court-ordered deadlines, and repeated motions to stay or delay the legal

process. Moreover, the way the defendants have chosen to conduct discovery is

deeply troubling in one other respect. Ideally the discovery process should entail a

mutual and cooperative search for the truth. However, the defendants have

transmogrified discovery into some sort of cynical asymmetrical game, where they

ignore court orders, and evade their discovery responsibilities, while demanding

unfairly favorable treatment from the courts and opposing parties.

So it is here. The defendants have filed two discovery motions: (1) a motion

to quash a subpoena served upon Penn State, seeking information regarding Mr.

Ewideh; (Doc. 124), and (2) a motion to compel the scheduling of depositions by the

plaintiffs even though the defendants have refused to sit for a court ordered

deposition themselves. (Doc. 133). The defendants’ motion to quash is

unaccompanied by any brief explaining the legal basis for the motion. The failure to

file a brief in support of this motion violates the Rules of this Court which provide

that:

Within fourteen (14) days after the filing of any motion, the party filing

the motion shall file a brief in support of the motion. If the motion seeks

a protective order, a supporting brief shall be filed with the motion. If a

supporting brief is not filed within the time provided in this rule the

motion shall be deemed to be withdrawn.

L.R. 7.5.

In this case Ewideh and Geaith have violated Local Rule 7.5 by failing to file

a brief in support of this motion. This failure is particularly troubling since the

defendants were specifically ordered to file a brief but have chosen to ignore the

court’s order. (Doc. 126 at 4-5). We cannot reward this misbehavior. On these facts

we will deem the motion, which is not supported by a brief, to be withdrawn. See,

e.g., Salkeld v. Tennis, 248 F. App'x 341 (3d Cir.2007) (affirming dismissal of

motion under Local Rule 7.5); Booze v. Wetzel, 1:12-CV-1307, 2012 WL 6137561

(M.D. Pa. Nov. 16, 2012) report and recommendation adopted, 1:CV-12-1307, 2012

WL 6138315 (M.D. Pa. Dec. 11, 2012); Breslin v. Dickinson Twp., 1:09BCVB1396,

2011 WL 1577840 (M.D.Pa. Apr.26, 2011) Prinkey v. Tennis, No. 09B52, 2010 WL

4683757 (M.D.Pa. Nov.10, 2010) (dismissal under Local Rule 7.5); Griffin v.

Lackawanna County Prison Board, No. 07B1683, 2008 WL 4533685 (M.D.Pa.Oct.6,

2008) (dismissal under Local Rule 7.6).

In addition, the defendants have filed a motion to compel the plaintiff to

schedule various depositions. (Doc. 133). There is an irony, albeit perhaps

unintended irony, to this motion since the defendants sought this relief on June 29,

2023, the day after they failed to appear for their own court-ordered depositions. In

any event the plaintiff has filed a response in opposition to this motion which

thoroughly documents their efforts to engage in reasonable deposition scheduling

with Ewideh and Geaith, efforts that were consistently rebuffed by the defendants.

Therefore, this motion will be DENIED as well.

Having addressed these pending discovery motions, we note that there are

other potentially dispositive motions pending in this case. We also note that our

broad discretion over discovery matters extends to decisions under Rule 26 relating

to the issuance of protective orders limiting and regulating the timing of discovery.

Indeed, it is undisputed that: “ ‘[t]he grant and nature of [a protective order] is

singularly within the discretion of the district court and may be reversed only on a

clear showing of abuse of discretion.’” Dove v. Atlantic Capital Corp., 963 F.2d 15,

19 (2d Cir. 1992) (quoting Galella v. Onassis, 487 F.2d 986, 997 (2d Cir. 1973)

(citation omitted)). This discretion is guided, however, by certain basic principles.

One of these cardinal principles governing the exercise of discretion in this field is

that the district court may properly defer or delay discovery while it considers a

potentially dispositive pretrial motion. See, e.g., James v. York County Police Dep’t,

160 F.App’x 126, 136 (3d Cir. 2005); Nolan v. U.S. Dep’t of Justice, 973 F.2d

843,849 (10th Cir. 1992); Johnson v. New York Univ. Sch. of Ed., 205 F.R.D. 433,

434 (S.D.N.Y. 2002). In this case there pending, and potentially dispositive motions

before the court. Given these pending motions, in the exercise of our discretion we

will stay discovery without prejudice to the rescheduling of discovery, if necessary,

once the these potentially dispositive motions are resolved.

Accordingly, for the foregoing reasons, the defendants’ motions to quash and

to compel, (Docs. 124. 133) are DENIED and further discovery is STAYED pending

resolution of the outstanding, and potentially dispositive motions in this case.

So ordered this 11th day of July 2023.

S/ Martin C. Carlson

Martin C. Carlson

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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