Willis v. Shelter Mutual Insurance Company

Filing 33

ORDER withdrawing 25 Motion to Deem Admitted; granting 31 Motion to Withdraw ; denying 32 Motion to Dismiss for Lack of Jurisdiction. Final Scheduling Order is amended: request for settlement conference due by 12/31/12. Signed by Judge D. P. Marshall Jr. on 12/4/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

ROBERT WILLIS, JR.

v.

No. 5:12-cv-101-DPM

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

ORDER

Willis's motion to withdraw his motion to deem certain facts admitted
is granted. Motion, Document No. 31, granted; motion, Document No. 25,
withdrawn. The Court appreciates the parties' papers on jurisdiction. Willis's
motion to dismiss, Document No. 32, is denied for the reasons explained in
Shelter's brief, Document No. 30, and based on the Schubert precedent.
Without making any comment on the merits, or on whether the parties should
mediate, the Court concludes that, given the amount now in controversy, the
parties should consider the possibility of mediation sooner rather than later
- before spending more time and effort in preparing the case for motions and
trial.

Final Scheduling Order, Document No. 9, amended: request for

settlement conference due by 31 December 2012.
So Ordered.

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D.P. Marshall Jr.
United States District Judge