Davis
Davis v. Progressive Casualty Insurance
Opinion
Lead Opinion
MEMORANDUM **
Robert E. Davis, Jr., appeals the district court’s judgment in his action against insurer Progressive Casualty Insurance Company (“Progressive”) for failing to provide underinsured motorist benefits (“UIM benefits”) and for compensatory and punitive damages for violation of Montana’s Unfair Trade Practices Act (“UTPA”), MontCode Ann. §§ 33-18-201, et seq. Davis challenges a number of pretrial, trial, and post-trial determinations made by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
1. We review denial of a motion to compel discovery for abuse of discretion. Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.2002). We conclude that the district court properly denied Davis’s motion to compel discovery responses. Upon Davis’s motion, the district court extended the deadline for filing discovery-related motions by several months. Yet, without explanation, Davis filed his motion more than two weeks past the extended deadline. Under the circumstances, the court’s denial of Davis’s motion was not an abuse of discretion.
2. We review for abuse of discretion the district court’s evidentiary rulings. See Hangarter v. Provident Life & Accident…