New Bankruptcy Opinion: SELECTIVE INSURANCE COMPANY v. ENVIRONMENTAL, SAFETY & HEALTH INC. – Dist. Court, ED Tennessee, 2016





SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff,

v.

ENVIRONMENTAL, SAFETY & HEALTH INC., WILLIAM GARIBAY, GO FISH LLC, and FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Defendants.

No. 3:14-CV-531-TAV-CCS.

United States District Court, E.D. Tennessee.

March 17, 2016.

ORDER

THOMAS A. VARLAN, Chief District Judge.

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 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.

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