Concord Auto Body, Inc v. State Farm Mutual Automobile Insurance Company et al

Filing 42

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Stipulated Motion to Stay Proceedings Pending a Transfer Decision by the Judicial Panel on Multidistrict Litigation (Doc. #5 ) is GRANTED. The above-captioned action is STAYED pending a transfer decision by the Judicial Panel on Multidistrict Litigation. IT IS FURTHER ORDERED that the Allstate Defendants Motion for Extension of Time for Defendants to Answer or Otherwise Respond to the Complaint (Doc. #40 ) is DENIED as moot. Signed by District Judge John A. Ross on 12/2/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CONCORD AUTO BODY, INC.,
Plaintiff,
vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, et al.,
Defendants.

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Case No. 4:14-CV-01857-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Defendants Allstate Fire and Casualty Insurance
Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, and
Esurance Property and Casualty Insurance Company (collectively “the Allstate Defendants”) and
Plaintiff Concord Auto Body, Inc.’s Stipulated Motion to Stay Proceedings Pending a Transfer
Decision by the Judicial Panel on Multidistrict Litigation (Doc. 5). The Allstate Defendants and
Plaintiff request an order granting a stay pending a decision by the Judicial Panel on Multidistrict
Litigation (“JPML”) as to whether to transfer this Action to In re Auto Body Shop Antitrust
Litig., MDL No. 2557, that is currently pending before Judge Gregory A. Presnell in the Middle
District of Florida. In support of their motion, the Allstate Defendants and Plaintiff argue that
this action should be stayed in the interest of preserving judicial economy and efficiency because
the JPML has issued a Conditional Transfer Order that includes this action. Further, the Allstate
Defendants indicate that they have obtained the consent of many of the other Defendants (See
Doc. 5 at 1 n.1). Defendants Farm Bureau Town & Country Insurance Company of Missouri
and Safe Auto Insurance Company submitted oppositions to the conditional transfer order in the

MDL case (Docs. 262, 266 in MDL No. 2557). Notably neither of these Defendants consented
to the Motion to Stay. However, as of today’s date there have not been any responses in
opposition to the Motion to Stay.
Accordingly,
IT IS HEREBY ORDERED that the Stipulated Motion to Stay Proceedings Pending a
Transfer Decision by the Judicial Panel on Multidistrict Litigation (Doc. 5) is GRANTED. The
above-captioned action is STAYED pending a transfer decision by the Judicial Panel on
Multidistrict Litigation.
IT IS FURTHER ORDERED that the Allstate Defendants’ Motion for Extension of
Time for Defendants to Answer or Otherwise Respond to the Complaint (Doc. 40) is DENIED
as moot.
Dated this 2nd day of December, 2014.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE