Pennsylvania National Mutual Casualty Insurance Company v. Beach Mart, Inc. et al

Filing 106

ORDER denying 96 Motion to Stay. Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 7/8/2021. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
NO. 2:14-CV-08-FL
PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE COMPANY,
Plaintiff,
v.
BEACH MART, INC.,

)
)
)
)
)
)
)
)
)

ORDER

Defendant.
----BEACH MART, INC.,
Counter-claimant,
v.
PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE COMPANY,
Counter-defendant.

)
)
)
)
)
)
)
)
)
)

This matter is before the court on plaintiff’s motion to stay proceedings. (DE 96). “[T]he
power to stay proceedings is incidental to the power inherent in every court to control the
disposition of the causes on its docket with economy of time and effort for itself, for counsel, and
for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254– 55 (1936). “The grant or denial of a
request to stay proceedings calls for an exercise of the district court’s judgment ‘to balance the
various factors relevant to the expeditious and comprehensive disposition of the causes of action
on the court’s docket.’” Maryland v. Universal Elections, Inc., 729 F.3d 370, 375 (4th Cir. 2013)

1

(quoting United States v. Ga. Pac. Corp., 562 F.2d 294, 296 (4th Cir. 1977)). “The party seeking
a stay must justify it by clear and convincing circumstances outweighing potential harm to the
party against whom it is operative.”

Williford v. Armstrong World Indus., Inc., 715 F.2d 124,

127 (4th Cir. 1983).
Upon consideration of the procedural posture of this case, the projected length of stay, and
the parties’ competing arguments in briefing, which are largely merits-based, plaintiff fails to
demonstrate that clear and convincing circumstances, outweighing any potential harm to
defendant, justify a stay. Accordingly, plaintiff’s motion to stay (DE 96) is DENIED.
SO ORDERED, this the 8th day of July, 2021.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

2