Applied Underwriters, Inc. v. Top's Personnel, Inc.

Filing 242

ORDER that this case, including all deadlines and settings, is stayed pending further order of the court. The settlement conference currently scheduled for July 10, 2019 is cancelled. Beginning September 30, 2019, Plaintiff shall file a report on this court's docket which explains the current status of the pending New Jersey litigation. Plaintiff shall file a similar report every 90 days thereafter until the New Jersey litigation is complete. The Clerk of the United States District Court for the District of Nebraska shall close this case for statistical purposes. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
APPLIED UNDERWRITERS, INC., a
Nebraska Corporation; and APPLIED RISK
SERVICES, INC.,

8:15CV90

Plaintiffs,
ORDER
vs.
TOP'S PERSONNEL, INC., A New Jersey
Corporation;
Defendant.
During a discovery dispute conference held on June 20, 2019, counsel informed
the court that litigation was pending in a New Jersey forum regarding whether the
policies at issue in this federal case violated New Jersey law and/or regulations. The
answer to this question may be relevant to Defendant’s defenses and counterclaims,
and the documents underlying the New Jersey litigation were the focus of the parties’
discovery dispute. The court asked the parties to confer and determine whether this
case should be stayed pending a New Jersey decision, particularly since insurance is
an industry highly regulated by the states.

The parties have jointly decided that a stay is appropriate. In the interest of
comity and preserving court resources, the court agrees.

Accordingly,

IT IS ORDERED:

1)

This case, including all deadlines and settings, is stayed pending further
order of the court. The settlement conference currently scheduled for July
10, 2019 is cancelled.

2)

Beginning September 30, 2019, Plaintiff shall file a report on this court’s
docket which explains the current status of the pending New Jersey
litigation. Plaintiff shall file a similar report every 90 days thereafter until
the New Jersey litigation is complete.

3)

The Clerk of the United States District Court for the District of Nebraska
shall close this case for statistical purposes

June 26, 2019.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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