Safeway Insurance Company of Alabama, Inc. v. United States Postal Service et al

Filing 10

ORDER construing Plf's 9 MOTION to Dismiss as a request to stay case. Motion to Stay case is GRANTED, & all proceedings in this case are STAYED. The Clerk is directed to place this case on the Court's administrative docket, however, retains jurisiction. Plf is to notify the Court within 30 days of action by the Postal Service on its SF95 claim. Signed by Senior Judge Callie V. S. Granade on 10/19/17. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SAFEWAY INSURANCE COMPANY OF ALABAMA, INC., Plaintiff, vs. UNITED STATES POSTAL SERVICE, and ANGELA RILEY, Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION 17-0388-CG-MU ORDER This cause is before the Court on the Plaintiff’s Motion to Dismiss (Doc. 9), in which the Plaintiff requests that this action be dismissed without prejudice with leave to reinstate the case in the event Plaintiff’s SF95 claim pending before the United States Postal Service is denied. Because a voluntary dismissal of a federal tort claim may in fact be a decision on the merits if requested by the Plaintiff, the Court will construe the Plaintiff’s motion to be a request to stay case. Upon due consideration, the motion to stay is GRANTED. Accordingly, all proceedings in this matter are STAYED. The Clerk of Court is directed to place this case on the Court’s administrative docket; however, the Court retains jurisdiction. The Plaintiff is ORDERED to notify the Court within thirty (30) days of action by the Postal Service on its SF95 claim. DONE and ORDERED this the 19th day of October, 2017. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE

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