Essex Insurance Company v. SEGA Ventures, LLC et al

Filing 76

ORDER Directing the parties to confer and, within seven days from the date of this Order, move for either a limited stay or administrative closure. (Compliance due by 5/2/2019.) Signed by Magistrate Judge Christopher L. Ray on 4/25/19. (jrb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ESSEX INSURANCE COMPANY, Plaintiff, v. SEGA VENTURES, LLC, et al. Defendants. ) ) ) ) ) ) ) ) ) CV413-253 ORDER The Court directed plaintiff, Essex Insurance Company, to show cause why this case, substantially inactive for more than two years, should not be dismissed. Doc. 74. Plaintiff responded and informed the Court that the lawsuit, which underlies this declaratory judgment action concerning its duty to indemnify, remains ongoing and, until that suit is resolved, no further progress can be made here. See doc. 75. The Court appreciates counsel’s prompt response to its show-cause Order. It also appreciates the practicalities of managing parallel litigation. Neither counsel’s diligence nor the practical impediments warrant leaving this case languishing on the Court’s docket for year after year. Counsel is advised that, in such situations, the Court’s preferred procedure is for counsel to: (1) confer with opposing counsel and determine whether the parties might agree to a limited stay, and (2) if consent is not forthcoming, move unilaterally for such a stay. Alternatively, and perhaps even preferably, where a substantial delay is anticipated and the parties wish to avoid the trouble and expense of periodically renewing stays, they, or either of them, may move for the case to be administratively closed. See, e.g., In re Heritage Southwest Medical Group PA, 464 F. App’x 285, 287 (5th Cir. 2012) (“administrative closure does not have any effect on the rights of the parties and is simply a docket-management device.”). Accordingly, the parties are DIRECTED to confer and, within seven days from the date of this Order, move for either a limited stay or administrative closure. SO ORDERED, this 25th day of April, 2019. ay _________________________________ ______________________________________ _ ___ _ _ _ CHRISTOPHER P CHRISTOPHER L. RAY MAGISTRATE J A UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA 2

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