CMR Construction and Roofing, LLC v. American Capital Assurance Corporation

Filing 41

ORDER: The Court construes Defendant's notice (40) as a motion to stay the action and GRANTS it. This case is STAYED. The Clerk is DIRECTED to terminate all pending deadlines, and Defendant's pending motion to dismiss (39) is DENIED WITHOUT PREJUDICE to renew after the stay is lifted. See Order for details. Signed by Judge John L. Badalamenti on 4/26/2021. (VK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CMR CONSTRUCTION AND ROOFING,
LLC,
Plaintiff,
v.

Case No. 2:20-cv-416-JLB-NPM

AMERICAN CAPITAL ASSURANCE
CORPORATION,
Defendant.

/
ORDER

Defendant American Capital Insurance Corp. (“AmCap”) has given the Court
notice of a state-court consent order appointing the Florida Department of Financial
Services as AmCap’s receiver under the Florida Insurers Rehabilitation and
Liquidation Act, Fla. Stat. §§ 631.001–.401. (Doc. 40.) In turn, Paragraph 45 of the
consent order provides notice that all judicial actions against AmCap are
automatically stayed. (Doc. 40, Ex. A); see also Fla. Stat. § 631.041(1)(a).
The Court construes AmCap’s notice (Doc. 40) as a motion to stay the action
and GRANTS it. Accordingly, it is ORDERED:
1.

This action is STAYED.

2.

AmCap’s pending motion to dismiss (Doc. 39) is DENIED WITHOUT
PREJUDICE to renew after the stay is lifted.

3.

The Clerk is DIRECTED to terminate all pending deadlines.

4.

No later than May 26, 2021, and every thirty days thereafter,
AmCap shall file a report in this Court on the status of the liquidation
proceedings.

5.

The parties shall file a joint motion to lift the stay and reopen the case
as soon as the stay is dissolved. No later than thirty days after
that motion is granted, the parties shall file an amended case
management report with new proposed deadlines.

ORDERED in Fort Myers, Florida, on April 26, 2021.

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