Adkins v. Allstate Fire and Casualty Insurance Company

Filing 26

ORDER denying 25 Plaintiff Glen Adkins and Defendant Allstate Fire and Casualty Insurance Company's Joint Motion to Stay Count II. Signed by Judge Sheri Polster Chappell on 3/30/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GLEN ADKINS,
Plaintiff,
v.

Case No.: 2:14-cv-588-FtM-38DNF

ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, an Illinois
corporation,
Defendant.
___________________________________/
ORDER1
This matter is before the Court on Plaintiff Glen Adkins and Defendant Allstate Fire
and Casualty Insurance Company's Joint Motion to Stay Count II filed on March 27, 2015.
(Doc. #25). The Amended Complaint asserts two counts. (Doc. #24). Count I is a
declaratory action to determine coverage under the subject insurance policy, and Count
II is an uninsured motorist claim. (Id. at ¶¶ 12-26). The parties move to stay discovery
and litigation on Count II until Count I is resolved. At this time, the Court finds that judicial
economy and efficiency will not be promoted by granting the instant motion. See Landis
v. Am. Water Works & Elec. Co., 299 U.S. 248, 254 (1936) (stating "the power to stay
proceedings is incidental to the power inherent in every court to control the disposition of

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the causes on its docket with economy of time and effort for itself, for counsel, and for
litigants"). As a result, the Court will deny the parties' Joint Motion to Stay Count II of the
Amended Complaint.
Accordingly, it is now
ORDERED:
Plaintiff Glen Adkins and Defendant Allstate Fire and Casualty Insurance
Company's Joint Motion to Stay Count II (Doc. #25) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 30th day of March, 2015.

Copies: All Parties of Record

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