Albany Place Condominium Association of Tampa, Inc. v Alterra Excess & Surplus Lines Insurance Company

Filing 12

ORDER: The parties' Stipulation to Abate Bad Faith Counts III & IV (Dkt. 11) is GRANTED. Counts III & IV of the Complaint are ABATED pending the determination of the underlying contract claim. Defendant, Alterra Excess & Surplus Insurance Company's Motion to Dismiss or Abate Counts III and IV of the Complaint with Supporting Memorandum of Law (Dkt. 9) is denied as moot. Signed by Judge James S. Moody, Jr on 1/7/2015. (LN)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ALBANY PLACE CONDOMINIUM ASSOCIATION OF TAMPA, INC., Plaintiff, v. Case No: 8:14-cv-2906-T-30MAP ALTERRA EXCESS & SURPLUS LINES INSURANCE COMPANY, Defendant. ORDER THIS CAUSE comes before the Court upon the parties’ Joint Response to December 30, 2014 Order and Stipulation to Abate Bad Faith Counts III & IV (Dkt. 11). Upon review and consideration, it is therefore ORDERED AND ADJUDGED that: 1. The parties’ Stipulation to Abate Bad Faith Counts III & IV (Dkt. 11) is GRANTED. 2. Counts III & IV of the Complaint is hereby ABATED pending the determination of the underlying contract claim. 3. Defendant, Alterra Excess & Surplus Insurance Company’s Motion to Dismiss or Abate Counts III and IV of the Complaint with Supporting Memorandum of Law (Dkt. 9) is denied as moot. DONE and ORDERED in Tampa, Florida, this 7th day of January, 2015. Copies furnished to: Counsel/Parties of Record S:\Even\2014\14-cv-2906 abate.docx 2

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