STIPULATION AND ORDER TO STAY ALL PROCEEDINGS

JOHN A. MENDEZ, District Judge.

Plaintiff Kemper Independence Insurance Company and defendant Robert Kempley, by and through their attorneys of record, who are set forth below, hereby stipulate that a stay is appropriate in the above entitled action, and request that the Court enter an order staying further proceedings as follows:

WHEREAS, Plaintiff filed its complaint against Defendant on August 27, 2018 (ECF No. 1); and

WHEREAS, Defendant was served with the summons and complaint on November 20, 2018 (ECF No. 9), and answered the complaint on December 4, 2018 (ECF No. 10); and

WHEREAS, after review of the Joint Status Report (ECF No. 13), the Court issued a Status (Pre-Trial Scheduling) Order setting trial in this matter for February 24, 2020 (EC No. 14); and

WHEREAS, Defendant objected to the Status (Pre-Trial Scheduling) Order on January 31, 2019 (ECF No. 15) on the grounds (among other grounds) that it did not believe there is a justiciable case or controversy between the parties at this time; and

WHEREAS, while Plaintiff disagrees with Defendant's position and believes that matter is ripe for adjudication, the parties have conferred and believe that it would be in their collective interests to stay this action pending the development of the underlying claims; and

NOW THEREFORE, the parties stipulate and request that the Court order that this action should be stayed for an initial period of six months, at which time the parties will file a joint status report concerning the progress of the underlying claims and their views as to whether a continued stay is appropriate.

ORDER

Pursuant to the parties' stipulation, it is hereby ordered that this case be stayed, including all pre-trial and trial dates, until further order. The parties shall file a joint status report on or before October 4, 2019, informing the Court as to the status of the underlying claims and their views as to whether a continued stay is appropriate.

IT IS SO ORDERED.