Arch Insurance Company v. Ace Insurance Company et al (JOINT ASSIGN)(MAG2)

Filing 60

ORDERED as follows: 1. The Recommendation (Doc. # 59 ) is ADOPTED. 2. The following motions are GRANTED: Defendant Tyson's motion to stay (Doc. # 11 ), Defendant Walker's motion to stay (Doc. # 20 ), and Defendant Griffino's moti on to stay (Doc. # 40 ). 3. Until further Order, this action is STAYED to allow the parties to litigate the claims in the pending state court coverage lawsuit. 4. On or before November 27, 2017, and every 91 days thereafter, the parties shall file a joint status report. 5. The following motions are DENIED without prejudice with leave to refile any motions that are appropriate, after the stay is lifted: a. Defendant Tyson's motion to dismiss (Doc. # 11 ); b. Defendant Walker's motion to dismiss (Doc. # 20 ); c. Defendant Tyson's motion to realign the parties (Doc. # 27 ); d. Defendant Tyson's motion to dismiss (Doc. # 27 ); e. Plaintiffs motion for leave to file an amended complaint (Doc. # 36 ); f. Defendant Dothan Security, Inc.'s motion to dismiss (Doc. # 38 ); g. Defendant Dothan Security, Inc.'s motion for judgment on the pleadings (Doc. # 38 ); and h. Defendant Griffino's motion to dismiss (Doc. # 40 ). 6. Defendant Tyson's motion for extension of time (Doc. # 42 ) is DENIED as moot. Signed by Chief Judge William Keith Watkins on 9/6/2017. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
ARCH INSURANCE COMPANY,

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)
)
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) CASE NO. 1:16-CV-538-WKW
) [WO]
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)

Plaintiff,
v.
ACE INSURANCE COMPANY,
et al.,
Defendants.

ORDER
On June 7, 2017, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 59.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED as
follows:
1.

The Recommendation (Doc. # 59) is ADOPTED.

2.

The following motions are GRANTED: Defendant Tyson’s motion to stay

(Doc. # 11), Defendant Walker’s motion to stay (Doc. # 20), and Defendant
Griffino’s motion to stay (Doc. # 40).
3.

Until further Order, this action is STAYED to allow the parties to litigate the

claims in the pending state court coverage lawsuit.
4.

On or before November 27, 2017, and every 91 days thereafter, the

parties shall file a joint status report.

5.

The following motions are DENIED without prejudice with leave to refile

any motions that are appropriate, after the stay is lifted:
a.

Defendant Tyson’s motion to dismiss (Doc. # 11);

b.

Defendant Walker’s motion to dismiss (Doc. # 20);

c.

Defendant Tyson’s motion to realign the parties (Doc. # 27);

d.

Defendant Tyson’s motion to dismiss (Doc. # 27);

e.

Plaintiff’s motion for leave to file an amended complaint (Doc. # 36);

f.

Defendant Dothan Security, Inc.’s motion to dismiss (Doc. # 38);

g.

Defendant Dothan Security, Inc.’s motion for judgment on the
pleadings (Doc. # 38); and

h.
6.

Defendant Griffino’s motion to dismiss (Doc. # 40).

Defendant Tyson’s motion for extension of time (Doc. # 42) is DENIED as

moot.
DONE this 6th day of September, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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