Security National Insurance Company v. Moore et al

Filing 30

STAY ORDER Further proceedings on the plaintiff's motion for default judgment 24 are stayed until further order of court, by Judge Richard P. Matsch on 11/4/15. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02522-RPM
SECURITY NATIONAL INSURANCE COMPANY,
Plaintiff,
v.
CHARLES MOORE DBA MOORE CONSTRUCTION,
Defendant.
_____________________________________________________________________
STAY ORDER
_____________________________________________________________________
In this civil action the plaintiff Security National Insurance Company seeks a
declaratory judgment asking this Court to affirm its decision to rescind the general
liability insurance policy issued to Charles Moore, DBA Moore Construction because of
alleged misrepresentations of fact in his application for the policy. It joined Willow Park
Apts, LLC, as a defendant because of a claim it submitted as a result of Moore’s faulty
roofing work.
Moore is in default and the plaintiff moved for a default judgment and Willow Park
Apts, LLC, was dismissed from this case by this Court’s sua sponte order on August 10,
2015, for lack of standing to contest the plaintiff’s claim against Moore. At that time
Moore’s whereabouts were unknown to counsel. Moore has now been found and
Willow Park sued him for damages in the District Court, El Paso County, where that
case is now at issue.
Because it would be unjust to determine the issue by default proceedings,
depriving Willow Park of any opportunity to benefit from coverage, and in anticipation
that Moore may seek relief from his default in this case, it is

ORDERED that further proceedings on the plaintiff’s motion for default judgment
are stayed until further order of court.
Dated: November 4th, 2015
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge