Certain Underwriters at Lloyds, London subscribing to Policy Nos. TCNR001338, TCNR005665 and TCNR012269 v. Garcia et al

Filing 58

ORDER granting 47 Motion to Lift the Stay: The court finds the reasons for the stay no longer exist, and therefore the STAY IS HEREBY LIFTED. The clerk is directed to refer this matter to United States Magistrate Judge Robert B. Jones, Jr. to h old a status conference in this matter, to enter a scheduling order, and to enter such other pretrial orders as deemed necessary for the efficient administration of this matter. Signed by Senior Judge Malcolm J. Howard on 12/4/2017. Copy to US Magistrate Judge Robert B. Jones, Jr. (Lee, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:14-CV-367-H

CERTAIN
UNDERWRITERS
AT
LLOYD'S,
LONDON subscribing
to POLICY NOS.
TCNR001338,
TCNR005665 and TCNR012269,

)
)

)
)

)
)
)
)
)
)
)

Plaintiffs,

v.

)

CARLOS 0. GARCIA, CNNC, STOCK
BUILDING SUPPLY, LLC, and NEW
BERN RIVERFRONT DEVELOPMENT,
LLC,
Defendants
Counterclaimant.

and

)
)
)
)
)
)
)
)
)
)

STOCK BUILDING SUPPLY, LLC,

)
)

Defendant and ThirdParty Plaintiff,

v.
WOOMER INSURANCE GROUP, INC.,
Third-Party Defendant.

)
)

)
)
)
)
)
)
)

ORDER

This

matter

is

before

the

court

party-plaintiff Stock Building Supply,
motion

to

lift

the

stay in this

on

defendant

LLC' s

matter.

and

third

("Stock Building")

On August

20,

2015,

this court stayed this matter pending the outcome of the appeal
of the federal bankruptcy court's orders in the In Re New Bern
Riverfront
et

Development,

a l. ,

Case

No .

parties

were

directed

LLC v.

Weaver

to

Construction,

LLC,

("Underlying Lawsuit") .

0 9 -1 0 3 4 0- 8 - JRL

The

promptly

Cooke

notify

the

court

by

filing

when there was resolution in the pending appeals which makes the
stay of this case no longer necessary and practical.
Stock Building filed a
appeal with a
longer
AT

necessary

LLOYD'S,

TCNR005665
stay.

request to

lift the

or practical.

LONDON

and

Notice of dismissal

noting the

Plaintiff CERTAIN

subscribing

TCNR012269

stay,

of the pending

to

responded

POLICY

the

UNDERWRITERS

NOS.

opposing

stay is no

TCNR001338,
lift

of

the

finds

the

Stock Building has replied.

Having

reviewed the matter carefully,

reasons for the stay no longer exist,

the

court

and therefore the STAY IS

\)

HEREBY LIFTED.

The

clerk is

United States Magistrate

Judge

directed to
Robert

status conference in this matter,

2

B.

refer
Jones,

to enter a

this matter to
Jr.

to

hold a

scheduling order,

and to enter such other pretrial orders as deemed necessary for
the efficient administration of this matter.

This

~ay of ~er 2017.

Senior United States District Judge
At Greenville, NC
#26

3