JMP Company Inc. v. State Farm Fire and Casualty Company

Filing 20

ORDER by District Judge Kenneth J. Gonzales granting 19 Unopposed Motion to Bifurcate and Stay. (tah)

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Case 1:20-cv-01101-KG-SCY Document 20 Filed 02/18/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JMP COMPANY INC., Plaintiff, v. No. 1:20-cv-01101-KG-SCY STATE FARM FIRE AND CASUALTY COMPANY, Defendant. ORDER GRANTING BIFURCATION THIS MATTER having come before the Court on State Farm Fire and Casualty Company’s Motion to Bifurcate and Stay (Doc. 19), Plaintiff conceding the relief sought in the motion, and the Court being otherwise sufficiently advised in the premises, finds that the motion is well-taken and should be granted. IT IS THEREFORE ORDERED that extra-contractual bad faith claims asserted by Plaintiff shall be and hereby are bifurcated and stayed, such that the underlying contract claims for property damage caused by hail and wind damage shall proceed before any extra-contractual bad faith claims are tried. This Order applies to both discovery and trial. ___________________________________ UNITED STATES DISTRICT JUDGE Case 1:20-cv-01101-KG-SCY Document 20 Filed 02/18/21 Page 2 of 2 Submitted by: MILLER STRATVERT P.A. /s/ Todd A. Schwarz Todd A. Schwarz Attorneys for Defendant Post Office Box 25687 Albuquerque, NM 87125-0687 Approved by: /s/ Derek L. Fadner – approved via email Derek L. Fadner James M. McClenny McClenny Moseley & Associates, PLLC Attorneys for Plaintiff 516 Heights Blvd. Houston, TX 77007 and Jonathan L.R. Baeza Martinez & Martinez Law Firm, PLLC 730 E. Yandell Dr. El Paso, TX 79902 2

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