DeVuyst v. Diany Company, Inc. et al

Filing 23

ORDER re: pltf's notice of mandatory stay 21 , STAYING matter for period of 6 months from liquidation date of 4/1/17 & directing parties to jointly report to ct by 10/1/17 status of liquidation proceedings & indicate whether & for what purpose any addt'l stay periof auth by Section 631.67 is necessary. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/5/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHANE P. DEVUYST,
Plaintiff
v.
DIANY COMPANY, INC., et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-123
(Chief Judge Conner)

ORDER
AND NOW, this 5th day of June, 2017, upon consideration of plaintiff’s
notice (Doc. 21) for mandatory stay of proceedings, wherein plaintiff Shane P.
DeVuyst (“DeVuyst”) avers that defendants Diany Company, Inc. and Rolando
Venereo (collectively, “defendants”) maintain liability insurance through CastlePoint
National Insurance Company (“CastlePoint”), which entity was adjudicated insolvent
by the Superior Court of the State of California on March 30, 2017, and asserts that
CastlePoint’s insolvency triggers the Florida Insurance Guaranty Association Act,
FLA. STAT. § 631.50 et seq., because the defendant insureds were residents of Florida
at the time of the insured event, see id. §§ 631.52, -.54(4), and it appearing that, under
the Florida statute, “[a]ll proceedings in which the insolvent insurer is a party or is
obligated to defend a party in any court . . . shall be stayed for 6 months . . . from the
date the insolvency is adjudicated,” id. § 631.67, and the parties and the court in

agreement that the above-captioned matter should be stayed, (see Docs. 21, 22), it is
hereby ORDERED that:
1.

The above-captioned matter is STAYED for a period of six months
from the liquidation date of April 1, 2017 in accordance with FLA. STAT.
§ 631.67 and the agreement of the parties.

2.

On or before October 1, 2017, the parties shall jointly report to the court
on the status of the liquidation proceedings and indicate whether and
for what purpose any additional stay period authorized by § 631.67 is
necessary.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania