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Structural Group, Inc v. Liberty Mutual Insurance Company

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 6, 2011

STRUCTURAL GROUP, INC., PLAINTIFF
v.
LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANTS LIBERTY MUTUAL INSURANCE COMPANY, THIRD PARTY PLAINTIFF
v.
LYONS CONSTRUCTION SERVICES, INC., THIRD PARTY DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 6th day of June, 2011, upon consideration of defendant Liberty Mutual Insurance Company's ("Liberty Insurance") motion to stay (Doc. 53), wherein Liberty Insurance seeks to stay all proceedings in the above-captioned case pending the resolution of a related proceeding before the Pennsylvania Board of Claims ("Pennsylvania proceeding"), and wherein Liberty Insurance claims that "the interests of justice, judicial economy and the risk of inconsistent judgments, all point to the need for a stay," (Doc. 55 at 22), and upon further consideration of plaintiff Structural Group, Inc.'s ("Structural") brief in opposition to the motion to stay (Doc. 56), wherein Structural argues that it is not proper for the court to stay the instant case in anticipation of a decision in the Pennsylvania proceeding, and the court recognizing that it has authority to stay a proceeding,*fn1 but that the exercise of such authority "is an extraordinary and narrow exception to the duty of a District Court to adjudicate a controversy properly before it,"*fn2 and, following consideration of the Landis factors,*fn3 the court finding that the interests of justice and judicial economy propounded by the pending motion do not satisfy the "extraordinary and narrow exception[s]" that the Supreme Court defined in Colorado River,*fn4 and the court concluding that the risk of inconsistent judgmentsis minimal,*fn5 it is hereby ORDERED that the motion (Doc. 53) to stay is DENIED.

CHRISTOPHER C. CONNER United States District Judge


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