M Street Investments, Inc. v. Zurich American Insurance Company et al

Filing 71

ORDER re 64 MOTION to Appoint Expert Umpire filed by Zurich American Insurance Company, 54 Emergency MOTION to Compel Compliance with OrderEmergency MOTION for Contempt and Sanctions filed by M Street Investment s, Inc. Within five (5) days of the entry of this Order each side shall submit suggested qualifications for the Umpire to be selected. Upon receipt of responses from each party, the Court will proceed with the appointment. Signed by Honorable David C. Bramlette, III on 9/23/13 (dtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION M STREET INVESTMENTS, INC. VS. PLAINTIFF CIVIL ACTION NO. 5:13-cv-47(DCB)(MTP) ZURICH AMERICAN INSURANCE COMPANY, BELFOR GROUP USA, INC., and GARY WILBORN a/k/a GARY WILBURN DEFENDANTS AND BELFOR USA GROUP, INC. COUNTERCLAIMANT VS. M STREET INVESTMENTS, INC., and GREAT SOUTHERN INVESTMENT GROUP, INC. COUNTERCLAIM DEFENDANTS AND BELFOR USA GROUP, INC. COUNTERCLAIMANT VS. M STREET INVESTMENTS, INC., GREAT SOUTHERN INVESTMENT GROUP, INC., DAVID M. SESSUMS, Trustee For GARY WILBORN, JOEL BLACKLEDGE, Trustee For LAW OFFICES OF JOHN D. MOORE, P.A., and HERMETIC RUSH SERVICES, INC. COUNTERCLAIM DEFENDANTS ORDER This cause is before the Court on plaintiff M Street Investment, Inc.’s Emergency Motion to Enforce Order and Award Sanctions (docket entry 54), and on defendant Zurich American Insurance Company’s Motion to Appoint Expert Umpire (docket entry 64). The parties have been unable to agree on the selection of an Umpire, and the parties have notified the Court of the need for one to be appointed by the Court. Within five (5) days of the entry of this Order each side shall submit suggested qualifications for the Umpire to be selected. Specifically, are the parties suggesting that the Umpire be a qualified real estate appraiser? Upon receipt of responses from each party, the Court will proceed with the appointment. SO ORDERED this the 23rd day of September, 2013. s/David Bramlette UNITED STATES DISTRICT JUDGE 2

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