Selective Insurance Company of South Carolina v. Construction Systems, Inc., et al

Filing 33

ORDER granting 32 Motion to Stay Matter for 90 Days - This matter is hereby Stayed for a period of ninety (90) days to July 10, 2013 while productive settlement discussions in the underlying action continue. The parties shall notify this Court of any significant developments and shall report back to this Court on July 10, 2013 of the status of the case. Signed by District Judge Louise Wood Flanagan on 04/12/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Selective Insurance Company,

Civil Action No. 7: 12-CV-163-FL
Plaintiffs,

vs.

Order Staying Matter for 90 Days

Construction Systems, Inc., Town of
Oak Island, LS3P Associates, LTD.,
Defendants.

This matter is before the Court upon consent of the parties jointly seeking an
Order Staying the matter for ninety (90) days while the parties in the underlying action
continue productive settlement discussions.
This matter is a declaratory judgment action filed by plaintiff seeking a ruling
that it owes no duty of defense or indemnity for a claim involving construction deficiencies in a
public project in the Town of Oak Island, North Carolina. The construction lawsuit is pending
in state court in North Carolina.

The parties to the underlying action have experienced

productive settlement negotiations that could make this matter moot. The parties to this action
have jointly moved for an Order Staying this matter while the productive settlement discussions
continue.
I hereby Order that based upon good cause shown, this matter is hereby Stayed
for a period of ninety (90) days to July 10, 2013 while productive settlement discussions in the

underlying action continue. The parties shall notify this Court of any significant developments
and shall report back to this Court on July 10, 2013 of the status of the case.
It is So Ordered.

Honor
mse W. Flanagan
Federal District Court Judge
Eastern District of North Carolina

New Bern, North Carolina
April ':1,"11'\ , 2013

We Consent:
NELSON MULLINS RILEY & SCARBOROUGH LLP

By:~C ~
Federal Bar No. 5735
E-Mail: bob. calamari@nelsonmullins. com

3751 Robert M. Grissom Parkway I Suite 300
Post Office Box 3939 (29578-3939)
Myrtle Beach, SC 29577-3165
[phone]
Attorneys for Selective Insurance Company

Crossley, Mcintosh, Collier Hanley & Edes

By: Is/ Brian Edes
Brian Edes
1430 Common Wealth, Suite 202
Wilmington, NC 28403
910-762-9711
910-256-0310 (fax)
[e-mail]
Attorneys for Town of Oak Island

Smith Parsons

By: Is/ Steven L. Smith
Steven L. Smith
6060 Piedmont Row Dr. South, Suite 150
Charlotte, NC 28287
704-557-9929
704-557-9932 (fax)
ssmith@smithparsons. com
Attorneys for Construction Systems, Inc.

Cranfill Sumner & Hartzog, LLP

By: Is/ John Dearman Martin
John Dearman Martin
1209 Culbreth Dr., Suite 200
Wilmington, NC 28405
910-509-9778
910-509-9676 (fax)
jmartin@cshlaw .com
Attorneys for LS3P Associates, LTD