J.P.F.D. Investment Corporation v. United Specialty Insurance Company

Filing 25

ORDER adopting 24 REPORT AND RECOMMENDATIONS re 11 First MOTION to Compel Appraisal and to Abate Action, or in the Alternative, Motion to Dismiss Plaintiff's Complaint filed by United Specialty Insurance Company, 22 Fi rst MOTION for Hearing The Motion to Compel Compliance with Appraisal and to Abate Action, or in the Alternative, Motion to Dismiss Plaintiff's Complaint (Doc. 11) is GRANTED. The parties are DIRECTED to immediately obtain an appraisal i n the manner prescribed in the Policy. The Clerk is DIRECTED to stay the case pending the parties' appraisal. The parties are DIRECTED to promptly dismiss this action should the appraisal resolve their dispute. Alternatively, the parties are DIRECTED to file a joint status report on or before November 17, 2017. Defendant's Motion for Preliminary Pre-Trial Conference (Doc. 22) is DENIED AS MOOT. Signed by Judge Paul G. Byron on 10/17/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

J.P.F.D. INVESTMENT
CORPORATION,
Plaintiff,
v.

Case No: 6:17-cv-1415-Orl-40GJK

UNITED SPECIALTY INSURANCE
COMPANY,
Defendant.
/
ORDER
This cause is before the Court on Defendant's Motion to Compel Compliance with
Appraisal and to Abate Action, or in the Alternative, Motion to Dismiss Plaintiff's Complaint
(Doc. 11) filed on August 11, 2017. The United States Magistrate Judge has submitted a
report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed September 29, 2017 (Doc. 24), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion to Compel Compliance with Appraisal and to Abate Action, or

in the Alternative, Motion to Dismiss Plaintiff's Complaint (Doc. 11) is GRANTED.
3.

The parties are DIRECTED to immediately obtain an appraisal in the

manner prescribed in the Policy.

4.

The Clerk is DIRECTED to stay the case pending the parties’ appraisal.

5.

The parties are DIRECTED to promptly dismiss this action should the

appraisal resolve their dispute. Alternatively, the parties are DIRECTED to file a joint
status report on or before November 17, 2017.
6.

Defendant’s Motion for Preliminary Pre-Trial Conference (Doc. 22) is

DENIED AS MOOT.
DONE AND ORDERED in Orlando, Florida on October 17, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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