It’s going to happen – update on O’Keefe v State Farm

Time and again, the Courts of the Southern District have found that State Farm Mutual does not belong in the lawsuits challenging State Farm Fire’s handling of Hurricane Katrina insurance claims…

That certainly is true; however, the Court made an error.  On the other hand,  some say the day the Court corrects an error of this magnitude will  be the day pigs fly – but, according to the Huffington Post, that day has come.

Judge Ozerden, obviously, did not believe pigs could fly when he wrote, It will not be acceptable for Plaintiff to treat “State Farm” collectively in any future pleadings…(Bridgewater v State Farm) without thinking to check and learning that State Farm treat[s] ‘State Farm’ collectively.

Not only does State Farm treat State Farm collectively, there is no effort to keep it a secret. The best evidence, in fact, is found in the Annual Reports on the Company website. (h/t Steve)

Indeed, one can search high and low in the proposed amended Complaint annual report for allegations anything to indicate State Farm Mutual’s “own acts” [aren't carried under different names] and none will be found

State Farm’s counsel did not consider pigs would fly at the very thought of the learned judges in the Southern District totally missing the point – State Farm Fire and State Farm Mutual are one in the same (hint: mutual, common). Consequently, Counsel follows the original version of the paragraph above with:

Likewise, one can search high and low in Plaintiffs’ Motion to Reconsider to find any recitation of allegations of State Farm Mutual’s “own acts” and none will be found.

Particularly telling is Plaintiffs’ accusation in their Motion to Reconsider that State Farm Fire is the “puppet” of State Farm Mutual. (Motion to Reconsider, at 2) Plaintiffs appear to have lost track of their invention that they claim that State Farm Mutual and State Farm Fire are “co-principals.” Such rants amplify the point that Plaintiffs have no facts supporting their claims against State Farm Mutual.

What is also particularly telling is State Farm’s Counsel thinking “Howdy Doody” and not the modern day use of the word – sock puppet:

The key difference between a sockpuppet and a regular pseudonym (sometimes termed an “alt” which is short for alternate, as in alternate identity) is the pretense that the puppet is a third party who is not affiliated with the puppeteer.

Judge Ozerden, hopefully, does not aspire to be the next Buffalo Bob, expecting explanations for the obvious, and will see State Farm’s Opposition to Plaintiff’s Motion to Reconsider the Court’s September 3, 2009 Order for what it is – the document that launched a 1000 pigs and burnt the topless towers of Bloomington.

See the recent post no one knows what goes on behind closed doors but O’Keefe wants to open the door to State Farm Mutual and find out! for Slabbed’s review of the decisions referenced by the O’Keefe plaintiffs’ motion and/or State Farm’s response.

Additional background and a graphic depiction of the Master Services Agreement between State Farm Mutual and what it calls the Client Companies are found in The feeling is Mutual – so is the fact.