Britt v. Mississippi Farm Bureau Casualty Insurance Company et al

Filing 351

ORDER granting 323 Motion for Certification of Interlocutory Appeal; denying 323 Motion for Reconsideration; granting 325 Motion for Certification of Interlocutory Appeal; denying 325 Motion for Reconsideration; granting 345 Joint Motion to Continue. Signed by Senior Judge Neal B. Biggers on 1/14/2022. (llw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MEGAN BRITT
V.

PLAINTIFF
CIVIL ACTION NO. 1:17CV219-NBB-DAS

MISSISSIPPI FARM BUREAU CASUALTY
INSURANCE COMPANY AND SOUTHERN FARM
BUREAU LIFE INSURANCE COMPANY

DEFENDANTS

ORDER
This cause comes before the court upon the defendants’ motions for reconsideration or,
alternatively, for certification of interlocutory appeal and the parties’ joint motion for a
continuance. Upon due consideration, the court finds as follows:
The court declines to reconsider, pursuant to Federal Rule of Civil Procedure 54(b), its
September 22, 2021 ruling denying the defendants’ motions for summary judgment but will
certify said order for interlocutory appeal under 28 U.S.C. § 1292(b), the court finding that
controlling questions of law are involved; the questions presented are those where there is
substantial ground for difference of opinion; and an immediate appeal may materially advance
the ultimate termination of the litigation. 28 U.S.C. § 1292(b).
Further, the parties’ joint motion for continuance of the trial and pretrial conference
should be granted for the grounds stated therein and to allow time for the Fifth Circuit Court of
Appeals to rule on the interlocutory appeal.
It is, therefore, ORDERED AND ADJUDGED that the defendants’ motions for
reconsideration are DENIED; the motions for certification of interlocutory appeal are
GRANTED; and the joint motion for continuance is GRANTED.
This 14th day of January, 2022.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE