Brokerage Insurance Partners, Inc. v. Fidelity & Guaranty Life Insurance Company et al

Filing 63

MEMORANDUM AND ORDER denying without prejudice Defendants' Fidelity & Guaranty Life, Fidelity & Guaranty Life Insurance Company (Fidelity), FS Holdco II Ltd, and Brokerage Insurance Partners, Inc.s (BIP) respective 17 , 18 , 25 , 34 , 35 , and 39 Motions to Dismiss; Directing the parties may file renewed motions or a line reinstating them within 14 days of the Court deciding whether cases will be consolidated in related case Fidelity & Guar. Life Ins. Co. v. Sharma, No. RDB-17-1508. Signed by Judge George Levi Russell, III on 8/17/2018. (dass, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
Chambers of
GEORGE L. RUSSELL, III
United States District Judge

101 West Lombard Street
Baltimore, Maryland 21201
410-962-4055

August 17, 2018
MEMORANDUM TO COUNSEL RE:

Brokerage Insurance Partners, Inc. v. Fidelity &
Guaranty Life Insurance Company, et al.
Civil Action No. GLR-17-1815

Dear Counsel:
Pending before the Court is Defendants Fidelity & Guaranty Life, Fidelity & Guaranty
Life Insurance Company (“Fidelity”), FS Holdco II Ltd, and Brokerage Insurance Partners, Inc.’s
(“BIP”) respective Motion to Dismiss (ECF Nos. 17, 18, 25, 34, 35, 39). The instant case is
related to Fidelity & Guar. Life Ins. Co. v. Sharma, No. RDB-17-1508 (D.Md. filed June 2,
2017). The parties agree that consolidation with Sharma is appropriate. BIP, however, sought to
consolidate Sharma under the instant case. Meanwhile, in Sharma, Fidelity—also a defendant in
the instant case—filed a Motion for Consolidation seeking to consolidate the instant case under
Sharma instead.
Because a decision in Sharma is pending on whether the Court will consolidate the
instant case under Sharma, the Court in the instant case DENIES WITHOUT PREJUDICE the
Motions. The parties may file with the Court renewed Motions or a Line reinstating them within
fourteen days of the Court in Sharma deciding whether the cases will be consolidated.
Despite the informal nature of this memorandum, it shall constitute an Order of this
Court, and the Clerk is directed to docket it accordingly.
Very truly yours,
/s/
_______________________
George L. Russell, III
United States District Judge