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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?