AIC Communications, LLC et al v. Chartis Specialty Insurance Company et al

Filing 31

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant's motion to dismiss [17-1] i denied, and the alternative motion to stay [17-2] is granted as follows: the case is stayed until December 2, 2014, and on that date, if this case is not set tled, the parties shall file a joint memorandum advised the Court of the status of the litigation and requesting a scheduleing conference. IT IS FURTHER ORDERED that this case will be referred to mediation effective today, with the completion date of September 2, 2014, and in accordance with the terms and conditions set out above. Signed by District Judge Catherine D. Perry on July 2, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AIC COMMUNICATIONS, LLC, et al.,
Plaintiffs,
v.
CHARTIS SPECIALTY INS. CO., et al.,
Defendants.

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Case No. 4:14CV550 CDP

MEMORANDUM AND ORDER
This matter is before me on defendant Chartis’ motion to dismiss or in the alternative to
stay. Chartis argues that this case should be dismissed or stayed because the insurance contract
between the parties contains a non-binding mediation provision as a condition precedent to filing
suit. In response, plaintiffs consent to stay of this case pending mediation. Given the recent
settlement of the underlying dispute and the parties’ agreement to stay this action pending
mediation, I will refer this case to mediation this same date and stay it until 90 days after
completion of mediation, unless the parties request the stay be lifted sooner. Mediation shall be
conducted in accordance with the Court’s Order Referring the Case to ADR and, where the
provisions do not conflict with this Order, with the requirements set out in the insurance contract.
I expect the parties to work cooperatively to determine the appropriate terms and conditions of
mediation.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to dismiss [#17-1] is denied, and
the alternative motion to stay [#17-2] is granted as follows: this case is stayed until December
2, 2014, and on that date, if this case has not settled, the parties shall file a joint

memorandum advising the Court of the status of the litigation and requesting a scheduling
conference.
IT IS FURTHER ORDERED that this case will be referred to mediation effective
today, with a completion date of September 2, 2014, and in accordance with the terms and
conditions set out above.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 2nd day of July, 2014.

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