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McDonald Patrick
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Order | Filed: February 29, 2024 | Entered: February 29, 2024 Scottsdale Insurance Company v. Manning et al
Insurance | South Carolina
Order ~Util - Set Deadlines
TEXT ORDER: Having reviewed the status report filed on February 28, 2024 (ECF No. 38 ), the court directs the parties to file a status report within 7 days of completion of mediation or upon resolution of the claims in the underlying state court action, whichever first occurs, but no later than August 30, 2024 if such claims remain unresolved. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 2/29/24. (kmca)
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Misc | Filed: February 28, 2024 | Entered: February 28, 2024 Scottsdale Insurance Company v. Manning et al
Insurance | South Carolina
Status Report
STATUS REPORT Joint Status Report by Scottsdale Insurance Company. (Kennedy, Robert)
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Order | Filed: August 24, 2023 | Entered: August 24, 2023 Scottsdale Insurance Company v. Manning et al
Insurance | South Carolina
Order on Motion to Stay
TEXT ORDER: Before the court is Plaintiff's unopposed motion to stay all proceedings in this case pending resolution of the underlying state court action before the Court of Common Pleas for the Eighth Judicial Circuit, Abbeville County, South Carolina, Charles Matthew Fleming v. DJK Wings, LLC f/k/a DBK Wings LLC d/b/a Wings 101 Bar & Grill, et al., No. 2022-CP-01-00253 (filed Sept. 2, 2022) (the "Underlying Lawsuit"). (ECF No. 35 ). According to Plaintiff's motion, given insurer "Chubb's decision to accept the defense and indemnity of [Defendants] Robert and Kathy Manning, [Plaintiff] no longer has a current defense obligation to Robert and Kathy Manning with regard to the Underlying Lawsuit... [and] [Plaintiff] believes that there no longer is an active case or controversy between the parties with respect to [Plaintiff's] defense obligation toward [them]." Id. at 2. Therefore, Plaintiff asserts that "the only controversy remaining between the parties is with regard to indemnity, which is not ripe until resolution of the underlying proceedings[.]" Id. at 3 (internal footnote omitted). The court agrees with Plaintiff and, as the Defendants do not oppose the motion, the court GRANTS Plaintiff's motion to stay (ECF No. 35 ). Accordingly, all pending motions, discovery, and further action or deadlines in this matter are hereby STAYED. The parties shall file a joint status report as to the status of the Underlying Lawsuit six months from the date of this order or upon resolution of the Underlying Lawsuit, whichever is earlier. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 8/24/23.(kmca)
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