Zanesville Metropolitan Housing Authority v. Housing Authority Property Insurance
Filing
8
ORDER- Because the requested end-date of the stay has now passed without further activity, this Court DENIES AS MOOT the parties Joint Motion to Stay. (ECF No. 5 .) The parties are ORDERED to file notice with this Court regarding the need for additional time for a stay for the completion of the appraisal, to be filed WITHIN 10 DAYS OF THIS ORDER. Signed by Judge Edmund A. Sargus on 10/24/2024. (cmw)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ZANESVILLE METROPOLITAN
HOUSING AUTHORITY,
Plaintiff,
v.
Case No. 2:24-cv-3075
Judge Edmund A. Sargus, Jr.
Magistrate Judge Chelsey M. Vascura
HOUSING AUTHORITY PROPERTY
INSURANCE,
Defendant.
ORDER
This matter is before the Court on the parties’ Joint Motion to Stay Proceedings Pending
Outcome of Appraisal. (ECF No. 5.) This case was removed to this Court from the Muskingum
County Court of Common Pleas on June 3, 2024. (ECF No. 1.) Plaintiff claims that Defendant, an
insurance company, breached the parties’ contract by failing to sufficiently pay out insurance
benefits following physical losses to Plaintiff’s properties. (Complaint, ECF No. 2, PageID #187–
88.)
On June 5, 2024, the parties jointly moved this Court for a stay of all proceedings until
October 15, 2024, for the purpose of waiting for an appraisal of property losses relevant to the
case. (Id., PageID #361–62.) During the state court litigation before removal, the parties agreed to
an appraisal on May 9, 2024, and Defendant named an appraiser. (Id., PageID #361.) Together,
the parties asserted that they believed the appraisal “will resolve the issues between the parties.”
(Id., PageID #362.) The parties also “agreed that Defendant need not incur the time or expense to
Answer or otherwise plead at this time while the appraisal process is proceeding.” (Id.) If the
appraisal was not completed by October 15, 2024, the parties requested the ability to petition this
Court to extend the stay as necessary. (Id., PageID #364.)
Because the requested end-date of the stay has now passed without further activity, this
Court DENIES AS MOOT the parties’ Joint Motion to Stay. (ECF No. 5.) The parties are
ORDERED to file notice with this Court regarding the need for additional time for a stay for the
completion of the appraisal, to be filed WITHIN 10 DAYS OF THIS ORDER. This case remains
open.
IT IS SO ORDERED.
10/24/2024
DATE
s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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