Roaring Fork 2, LLC v. American States Insurance Company, 6:17-cv-877-Orl-37GJK. (2017)
Court: District Court, M.D. Florida
Number: infdco20170602a77
Visitors: 9
Filed: May 31, 2017
Latest Update: May 31, 2017
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This action arises from the denial of an insurance claim for property damage allegedly caused by sinkhole activity. (Doc. 2.) After Plaintiff initiated a breach-of-contract action against Defendant to recover benefits under the applicable policy ( id. ), Defendant removed the action on grounds of diversity jurisdiction (Doc. 1). In the present motion, Defendant requests that the Court stay the action pending a neutral evaluation of Plaintiff's pr
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This action arises from the denial of an insurance claim for property damage allegedly caused by sinkhole activity. (Doc. 2.) After Plaintiff initiated a breach-of-contract action against Defendant to recover benefits under the applicable policy ( id. ), Defendant removed the action on grounds of diversity jurisdiction (Doc. 1). In the present motion, Defendant requests that the Court stay the action pending a neutral evaluation of Plaintiff's pro..
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ORDER
ROY B. DALTON, Jr., District Judge.
This action arises from the denial of an insurance claim for property damage allegedly caused by sinkhole activity. (Doc. 2.) After Plaintiff initiated a breach-of-contract action against Defendant to recover benefits under the applicable policy (id.), Defendant removed the action on grounds of diversity jurisdiction (Doc. 1). In the present motion, Defendant requests that the Court stay the action pending a neutral evaluation of Plaintiff's property. (Doc. 11 ("Motion").) The Motion is unopposed. (Id.)
Upon consideration, the Court finds that the Motion is due to be granted. Indeed, under the Florida Statutes, a neutral evaluation is mandatory once requested by a party. Fla. Stat. § 627.7074 (4). Florida law also mandates that "any court proceeding related to the subject matter of [a] neutral evaluation . . . be stayed pending completion of the neutral evaluation and for five days after the filing of the neutral evaluator's report with the court." Fla. Stat. § 627.7074 (10). At least one court in this District has found these provisions applicable to federal courts sitting in diversity. Morejon v. Am. Sec. Ins. Co., 829 F.Supp.2d 1258 (M.D. Fla. 2011). This Court agrees.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Defendant's Unopposed Motion to Stay (Doc. 11) is GRANTED.
2. In accordance with Florida Statutes, § 627.7074(10), this action is STAYED pending completion of a neutral evaluation. The Court will reopen the action five days following the submission of the neutral evaluator's report on the docket.
3. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE the file.
4. The parties are DIRECTED to:
a. Submit a joint status report on Wednesday, August 30, 2017, and every ninety days thereafter;
b. Immediately notify the Court upon the completion of neutral evaluation; and
c. Submit the neutral evaluator's report to the Court as soon as it is complete.
DONE AND ORDERED.
Source: Leagle
