United States of America v. Persons Service Company, LLC et al

Filing 71

ORDER granting 70 Request For Extension of Stay. The parties shall file a status update with the court on or before 11/1/2015. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
United States of America for the use and
benefit of Curtis C. Davis d/b/a Davis
Contracting Company,
Plaintiff,
vs.
Byrd Brothers Emergency Services, LLC;
and Travelers Casualty and Surety
Company of America,
Defendants.
Travelers Casualty and Surety Company
of America,
Third-Party Plaintiff,
vs.
Byrd Brothers, Inc., Claude R. Byrd,
James K. Byrd, and Donna R. Byrd,
Third-Party Defendants.

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ORDER

Case No. 4:12-cv-153

On November 7, 2015, the court issued an order: (1) dismissing plaintiffs’ claims against
Byrd Brothers Emergency Services, LLC (“BBES”) and Travelers Casualty and Surety Company
of America (“Travelers”) on motion by plaintiff; (2) dismissing BBES’s counterclaims against
plaintiff; (3) staying Travelers’ cross claims against BBES and third party claims against third-party
defendants pending conclusion of the lawsuit captioned Mike Munna, LLC v. Byrd Brothers
Emergency Services, LLC, et. al., 34th Judicial District Court for the Parish of St. Bernard, State
of Louisiana, Case No. #14-0645 (hereinafter referred to as the “Louisiana lawsuit”); and (4)
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directing the parties to file a status report on or before May 1, 2015.
On April 28, 2015, Travelers filed a “Status Update and Request for Extension of Stay.” It
advises that the Louisiana lawsuit still pending and further requests that the court continue the stay
of the above-entitled action through November 1, 2015.
The court GRANTS Traveler’s request (Docket No. 70) and ORDERS that the above
entitled action shall be stayed pending conclusion of the Louisiana lawsuit. The court further
ORDERS that the parties are to file an update on the status of the case on or before November 1,
2015.
IT IS SO ORDERED.
Dated this 28th day of April, 2015.

/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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