Allied Property and Casualty Insurance Company v. Grich

Filing 22

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the stay previously entered by the Court is LIFTED. IT IS FURTHER ORDERED that Plaintiff / Counter-Defendant Allied Propertyand Casualty Insurance Company (Allied) shall have seven days after the date of this Order to refile its motion for summary judgment. Failure to comply with this Order may result in the dismissal of this action without prejudice for failure to prosecute and failure to comply with a court order. IT IS FURTHER ORDERED that the Court will set a case management conference, if appropriate, after ruling on Allieds motion for summary judgment. Case reopened. Signed by District Judge Audrey G. Fleissig on 4/3/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ALLIED PROPERTY AND CASUALTY
INSURANCE COMPANY,

)
)
)
Plaintiff / Counterclaim Defendant, )
)
v.
)
)
HENRY GRICH,
)
)
Defendant / Counterclaim Plaintiff. )

No. 4:16-cv-00933-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon review of the record. The primary issue in
this declaratory judgment action is whether Defendant / Counter-Plaintiff Henry Grich is
entitled to underinsured motorist (“UIM”) coverage under the insurance policy issued by
Plaintiff / Counter-Defendant Allied Property and Casualty Insurance Company
(“Allied”). By Order dated September 16, 2016, the Court stayed the case pending
a ruling of the Missouri Supreme Court in Jeffrey Swadley, et al. v. Shelter Mutual
Insurance Company (“Swadley”), No. SC95844, which Grich asserted was likely to
impact the determinative legal issue in this case. Grich had acknowledged in his motion
to stay that if the Missouri Supreme Court ruled in the favor of the insurer in Swadley,
Allied would be entitled to judgment in this case, pursuant to Allied’s motion for
summary judgment then pending. The Court directed Grich to file an appropriate motion
as to lifting of the stay within seven days of a ruling in Swadley. The Court also denied
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all pending motions, including Allied’s motion for summary judgment, without prejudice
to refiling, as appropriate, upon lifting of the stay.
On March 14, 2017, the Missouri Supreme Court issued its ruling in Swadley, in
favor of the insurer. More than seven days have passed, and neither Grich nor Allied has
sought to have the stay in this case lifted or filed anything further with the Court.
Accordingly,
IT IS HEREBY ORDERED that the stay previously entered by the Court is
LIFTED.
IT IS FURTHER ORDERED that Plaintiff / Counter-Defendant Allied Property
and Casualty Insurance Company (“Allied”) shall have seven days after the date of this
Order to refile its motion for summary judgment. Failure to comply with this Order may
result in the dismissal of this action without prejudice for failure to prosecute and failure
to comply with a court order.
IT IS FURTHER ORDERED that the Court will set a case management
conference, if appropriate, after ruling on Allied’s motion for summary judgment.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of April, 2017.

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