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 )

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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

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