CROWDER'S EXPRESS HARDWARE, INC. v. ASSURANCE COMPANY OF AMERICA, 8:12-cv-969-T-26AEP. (2012)
Court: District Court, M.D. Florida
Number: infdco20120529666
Visitors: 22
Filed: May 25, 2012
Latest Update: May 25, 2012
Summary: ORDER RICHARD A. LAZZARA, District Judge. Upon due consideration, it is ordered and adjudged that Defendant's Motion to Dismiss (Dkt. 12) is denied. Section 627.7074(10) of the Florida Statutes mandates a stay of a court proceeding during the neutral evaluation process not a dismissal of the action. Defendant's Motion to Abate and/or Stay (Dkt. 12) is denied without prejudice for failure of defense counsel to comply with the conferral requirement of Local Rule 3.01(g). Counsel for the parties
Summary: ORDER RICHARD A. LAZZARA, District Judge. Upon due consideration, it is ordered and adjudged that Defendant's Motion to Dismiss (Dkt. 12) is denied. Section 627.7074(10) of the Florida Statutes mandates a stay of a court proceeding during the neutral evaluation process not a dismissal of the action. Defendant's Motion to Abate and/or Stay (Dkt. 12) is denied without prejudice for failure of defense counsel to comply with the conferral requirement of Local Rule 3.01(g). Counsel for the parties ..
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ORDER
RICHARD A. LAZZARA, District Judge.
Upon due consideration, it is ordered and adjudged that Defendant's Motion to Dismiss (Dkt. 12) is denied. Section 627.7074(10) of the Florida Statutes mandates a stay of a court proceeding during the neutral evaluation process not a dismissal of the action. Defendant's Motion to Abate and/or Stay (Dkt. 12) is denied without prejudice for failure of defense counsel to comply with the conferral requirement of Local Rule 3.01(g). Counsel for the parties are directed to confer personally within the next seven (7) days in a good faith effort to resolve the issue raise in the motion. In so doing, Plaintiff's counsel should be aware that this Court has previously addressed the issue raised in the motion and has ruled in favor of Defendant's position. See Morejon v. American Sec. Ins. Co., ___ F.Supp.2d ___, 2011 WL 6287946 (M.D. Fla. 2011).
DONE AND ORDERED.
Source: Leagle
