American Empire Surplus Lines Insurance Company v. Selective Insurance Company of the Southeast
Filing
22
CONSENT ORDER LIFTING STAY AND DISMISSING CASE WITH PREJUDICE. Signed by the Honorable R Bryan Harwell on 04/11/2018. (lsut, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
American Empire Surplus
Lines Insurance Company,
)
)
)
Plaintiff,
)
v.
)
)
Selective Insurance Company
)
of the Southeast,
)
)
Defendant.
)
___________________________________ )
Civil Action No. 4:15-2218-RBH
CONSENT ORDER LIFTING STAY
AND DISMISSING CASE
WITH PREJUDICE
By Text Order filed June 10, 2016, the Court granted a stay of this declaratory judgment
action pending the resolution of the underlying action captioned Belyski v. King Kong Sushi Bar
& Grill, LLC, Civil Action Number 2014-CP-26-1791. The Court is advised that the underlying
action has been settled at mediation occurring on August 29, 2017, and that a Stipulation of
Dismissal was filed in that action on March 16, 2018. As a result of that settlement and a prior
agreement reached by the parties to this action regarding the allocation of a settlement, if
reached, the issues raised by this declaratory judgment action have been fully resolved and are
now moot. Based on the foregoing, the Court hereby lifts the stay previously entered in this
action, and with the consent of the parties, this action is hereby dismissed with prejudice, with
both sides being responsible for their own attorney's fees and costs.
IT IS SO ORDERED.
April 11, 2018
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
1
WE SO MOVE AND CONSENT:
__s/ Brandon Gottschall ______________
MARK S. BARROW
#1220
BRANDON GOTTSCHALL #12201
Counsel for Plaintiff
__s/ Andrew F. Lindemann_____________
ANDREW F. LINDEMANN #5070
Counsel for Defendant
2
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