WATERS EDGE LIVING LLC v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY

Filing 71

ORDER granting 66 MOTION to Stay filed by WESTCHESTER SURPLUS LINES INSURANCE COMPANY as it relates to the pretrial conference and trial, and setting response deadline for 3/9/2009); signed by JUDGE STEPHAN P MICKLE on 2/25/09. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WATERS EDGE LIVING, LLC, a Florida Limited Liability Company; and WATERS EDGE JW, LLC, a Florida Limited Liability Company, Plaintiffs, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, a Georgia Corporation, Defendant. ______________________________/ ORDER GRANTING LIMITED STAY This cause comes before the Court on Westchester Surplus Lines Insurance Company's Motion to Stay (doc. 66). The Court finds that a limited stay of the pretrial conference and trial in this case is warranted because the summary judgment motions remain pending and a continuance of the trial date is likely given the Court's criminal trial docket. Plaintiff shall have an opportunity to respond to the Defendant's broader request for a stay of all further proceedings, including a ruling on the pending summary judgment motions, pending appeal in Waters Edge Living, LLC v. RSUI Indemnity Co., No 09-14847-GG, United CASE NO.: 4:08cv69-SPM/WCS

States Court of Appeals for the Eleventh Circuit. Accordingly, it is ORDERED AND ADJUDGED: 1. The motion to stay (doc. 66) is granted, but limited to the pretrial

conference scheduled for March 2 and trial scheduled for March 23. 2. Plaintiffs shall have up to and including March 9, 2009, to respond

to Defendant's broader request to stay. DONE AND ORDERED this 25th day of February, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge

CASE NO.: 4:08cv69-SPM/WCS