Hayes v. Metropolitan Property & Casualty Insurance Company

Filing 31

ORDER that Plaintiff's motion to stay 29 is granted. Plaintiff's motion to extend time to file 30 is denied.The petition for interlocutory appeal must be filed within 30 days of February 20, 2015. Ordered by Senior Judge Lyle E. Strom. (MLF, )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
ERIC D. HAYES,

)
)
Plaintiff,
)
)
v.
)
)
METROPOLITAN PROPERTY &
)
CASUALTY INSURANCE COMPANY,
)
)
Defendant.
)
______________________________)

8:14CV339

ORDER

This matter is before the Court on plaintiff’s motion
to stay proceedings pending appeal (Filing No. 29) and motion to
extend time to file interlocutory appeal (Filing No. 30).

The

Court finds as follows.
Background
The plaintiff’s amended complaint was filed on December
24, 2014, and alleges breach of contract and bad faith denial/
investigation.

The plaintiff’s claims arise out of a homeowners

insurance policy which was issued to the plaintiff by the
defendant.

On January 24, 2013, the plaintiff’s residence was

destroyed by fire.

The residence was insured under the

homeowner’s insurance policy.
The defendant moved to dismiss the amended complaint on
January 7, 2015.

The motion stated that the plaintiff’s claim

was time barred by the 12 month limitations period set forth in

the contract.

The Court granted the motion in part and denied

the motion in part.

The Court found that the plaintiff’s breach

of contract claim was barred by the 12 month limitation period.
The plaintiff now wishes to file a petition for interlocutory
appeal and stay proceedings pending appeal.
Discussion
A federal district court “has broad discretion to stay
proceedings as an incident to its power to control its own
docket.”

Clinton v. Jones, 520 U.S. 681, 706 (1997).

After

reviewing the plaintiff’s motion and applicable law, the Court
will stay the proceedings pending appeal.
Rule 4(a) of the Federal Rules of Appellate Procedure
provides that in a civil case, the notice of appeal must be filed
with the clerk within 30 days after entry of judgment or order
appealed from.

The plaintiff’s petition for interlocutory appeal

shall be filed within 30 days of February 20, 2015.
IT IS ORDERED:
1) Plaintiff’s motion to stay is granted.

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Accordingly,

2) Plaintiff’s motion to extend time to file is denied.
The petition for interlocutory appeal must be filed within 30
days of February 20, 2015.
DATED this 3rd day of March, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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