Tyco International Ltd. v. Chartis Inc. et al

Filing 49

ORDER STAYING CASE pending resolution of the appeal in the Core- Mark Midcontinent, Inc. case, by Judge Richard P. Matsch on 4/5/2012. (rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-00832-RPM
ADT HOLDINGS, INC.,
ADT SECURITY SERVICES, INC., and
AUTOMATED SECURITY CORP.,
Plaintiffs,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,
Defendant.
_____________________________________________________________________
STAY ORDER
_____________________________________________________________________
On March 30, 2012, the defendant filed a motion to stay these proceedings pending an
appeal of the underlying action resulting in a judgment for which indemnity is sought under the
defendant’s insurance contract. As noted in this Court’s Order Denying Defendant’s Motion for
Summary Judgment, entered January 20, 2012, the question of what conduct constitutes a
willful and wanton breach of contract under Colorado law is unclear. That question may be
clarified by the ruling of the Colorado Court of Appeals in the underlying action. It is therefore
ORDERED that this civil action is stayed pending resolution of the appeal in the CoreMark Midcontinent, Inc. case.
DATED: April 5th, 2012
BY THE COURT:

s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge