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

Filing 74

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 73 Motion to Lift Stay. (BG)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Case No. 4:12-cv-153 On November 7, 2014, the court issued an order in which it: (1) dismissed all pending claims except for Travelers Casualty and Surety Company of America's (“Travelers”) cross claims against Byrd Brothers Emergency Services, LLC and third-party claims against third-party defendants; and (2) stayed what remains of this matter pending resolution of a lawsuit captioned Mike Munna, LLC v. Byrd brothers Emergency Services, LLC, et. al., 34th District Court for the Parish of St. Bernard, State of Louisiana, Case No. 14-0645 (hereinafter referred to as the “Louisiana lawsuit”). On November 2, 2015, Travelers filed a status report in which it advised that, although the 1 Louisiana lawsuit was still ongoing, it had decided to move forward in this case. On November 13, 2015, Travelers filed a motion requesting the court to lift the stay to allow it effectuate service on third-party defendant Claude R. Byrd. The court GRANTS Travelers’ motion (Docket No. 73) and lifts the stay in this matter. IT IS SO ORDERED. Dated this 18th day of November, 2015. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court 2

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