Selective Insurance Company of America v. Environmental, Safety & Health, Inc. et al (TV1)

Filing 85

ORDER that the Court ACCEPTS IN WHOLE the R&R 84 , and GRANTS in part and DENIES in part the Joint Motion to Continue Trial and to Stay Claims Pending Between Selective Insurance Company of America and First Tennessee Bank National Association 82 . The May 2, 2016 trial is CANCELLED and will be reset at a later date. This case will be STAYED as to all claims involving ES&H, William Garibay, and Go Fish. ES&H and William Garibay are ORDERED to file a status report with this Co urt every forty-five days, informing the Court as to the status and progress of the bankruptcy proceedings. This case be STAYED for sixty days as to all claims between Selective and First Tennessee. Selective and First Tennessee are ORDERED to file a joint status report within seven days following the sixty-day stay to inform the Court whether a resolution has been reached between the parties. All other pending motions are hereby DENIED with leave to refile upon the lifting of the stay 44 and 74 . Signed by Chief District Judge Thomas A Varlan on 3/17/16. (ABF, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
SELECTIVE INSURANCE COMPANY
OF AMERICA,
Plaintiff,
v.
ENVIRONMENTAL, SAFETY &
HEALTH INC., WILLIAM GARIBAY,
GO FISH LLC, and FIRST TENNESSEE
BANK NATIONAL ASSOCIATION,
Defendants.

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No.:

3:14-CV-531-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation entered
by United States Magistrate Judge C. Clifford Shirley, Jr. on March 11, 2016 (the
“R&R”) [Doc. 84]. In the R&R, Magistrate Judge Shirley recommends the following: (1)
that the Joint Motion to Continue Trial and to Stay Claims Pending Between Selective
Insurance Company of America and First Tennessee Bank National Association [Doc.
82], filed by Selective Insurance Company of America (“Selective”) and First Tennessee
Bank (“First Tennessee”) be granted in part and denied in part; (2) that the May 2, 2016
trial be cancelled and reset at a later date; (3) that this case be stayed as to all claims
involving Environmental, Safety & Health, Inc. (“ES&H”), William Garibay, and Go
Fish; (4) that if the bankruptcy court grants Selective and/or First Tennessee’s request for
relief from the automatic stay, Selective and/or First Tennessee shall file a motion to lift
the stay with this Court within fourteen (14) days of entry of the bankruptcy court’s

order, and if Selective and/or First Tennessee’s request is denied or the bankruptcy court
otherwise disposes of the case without granting relief from the automatic stay, Selective
and/or First Tennessee shall file a notice or appropriate motion with the Court within
fourteen (14) days of entry of the bankruptcy court’s order or dispositive ruling; (5) that
ES&H and William Garibay shall file a status report with this Court every forty-five
days, informing the Court as to the status and progress of the bankruptcy proceedings; (6)
that this case be stayed for sixty (60) days as to all claims between Selective and First
Tennessee; and (7) that Selective and First Tennessee shall file a joint status report within
seven (7) days following the sixty (60) day stay to inform the Court whether a resolution
has been reached between the parties.
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Shirley’s recommendations, which the Court adopts and incorporates into its
ruling.

Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 84], and

GRANTS in part and DENIES in part the Joint Motion to Continue Trial and to Stay
Claims Pending Between Selective Insurance Company of America and First Tennessee
Bank National Association [Doc. 82] as follows:
(1)

The May 2, 2016 trial is CANCELLED and will be reset at a later date;

(2)

This case will be STAYED as to all claims involving ES&H, William
Garibay, and Go Fish;

(3)

If the bankruptcy court grants Selective and/or First Tennessee’s request for
relief from the automatic stay, Selective and/or First Tennessee are
ORDERED to file a motion to lift the stay with this Court within fourteen
days of entry of the bankruptcy court’s order. If Selective and/or First
Tennessee’s request is denied or the bankruptcy court otherwise disposes of
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the case without granting relief from the automatic stay, Selective and/or
First Tennessee are ORDERED to file a notice or appropriate motion with
the Court within fourteen days of entry of the bankruptcy court’s order or
dispositive ruling;
(4)

ES&H and William Garibay are ORDERED to file a status report with this
Court every forty-five days, informing the Court as to the status and
progress of the bankruptcy proceedings;

(5)

This case be STAYED for sixty days as to all claims between Selective
and First Tennessee;

(6)

Selective and First Tennessee are ORDERED to file a joint status report
within seven days following the sixty-day stay to inform the Court whether
a resolution has been reached between the parties;

(7)

All other pending motions are hereby DENIED with leave to refile upon
the lifting of the stay [Docs. 44, 74].

IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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