Roaring Fork 2, LLC v. American States Insurance Company

Filing 13

ORDER granting 11 motion to stay. The parties are DIRECTED to submit a joint status report on Wednesday, August 30, 2017, and every ninety days thereafter. Signed by Judge Roy B. Dalton, Jr. on 5/31/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ROARING FORK 2, LLC,
Plaintiff,
v.

Case No. 6:17-cv-877-Orl-37GJK

AMERICAN STATES INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
This action arises from the denial of an insurance claim for property damage
allegedly

caused by

sinkhole

activity. (Doc.

2.) After

Plaintiff initiated a

breach-of-contract action against Defendant to recover benefits under the applicable
policy (id.), Defendant removed the action on grounds of diversity jurisdiction (Doc. 1).
In the present motion, Defendant requests that the Court stay the action pending a neutral
evaluation of Plaintiff’s property. (Doc. 11 (“Motion”).) The Motion is unopposed. (Id.)
Upon consideration, the Court finds that the Motion is due to be granted. Indeed,
under the Florida Statutes, a neutral evaluation is mandatory once requested by a party.
Fla. Stat. § 627.7074 (4). Florida law also mandates that “any court proceeding related to
the subject matter of [a] neutral evaluation . . . be stayed pending completion of the
neutral evaluation and for five days after the filing of the neutral evaluator’s report with
the court.” Fla. Stat. § 627.7074 (10). At least one court in this District has found these
provisions applicable to federal courts sitting in diversity. Morejon v. Am. Sec. Ins. Co.,
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829 F. Supp. 2d 1258 (M.D. Fla. 2011). This Court agrees.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Defendant’s Unopposed Motion to Stay (Doc. 11) is GRANTED.

2.

In accordance with Florida Statutes, § 627.7074(10), this action is STAYED
pending completion of a neutral evaluation. The Court will reopen the
action five days following the submission of the neutral evaluator’s report
on the docket.

3.

The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE the file.

4.

The parties are DIRECTED to:
a.

Submit a joint status report on Wednesday, August 30, 2017, and
every ninety days thereafter;

b.

Immediately notify the Court upon the completion of neutral
evaluation; and

c.

Submit the neutral evaluator’s report to the Court as soon as it is
complete.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 31, 2017.

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Copies to:
Counsel of Record

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