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)

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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 Motion, Document No. 31, granted; motion, Document No. 25, withdrawn.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. ~~rxt! I=ยท r iLe&ztfA!et J..vl,)_ D.P. Marshall Jr. United States District Judge

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