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Medical Liability Mutual Insurance Co. v. Alan Curtis Enterprises

December 21, 2006

MEDICAL LIABILITY MUTUAL INSURANCE COMPANY PLAINTIFF
v.
ALAN CURTIS ENTERPRISES, INC.; EVERGREENE PROPERTIES OF NORTH CAROLINA, L.L.C., D/B/A CRESTPARK RETIREMENT INN-HELENA; CAP CARE OF ARKANSAS, INC. DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER ADMINISTRATIVELY TERMINATING ACTION

The Court noted in its prior Memorandum Opinion filed December 8, 2006, that it appeared that all declaratory judgment issues which might be appropriately resolved by this Court prior to the resolution of the Underlying Lawsuit*fn1 had been so resolved. The Court proposed that this action be stayed pending the resolution of the Underlying Lawsuit, and requested input from the parties on this issue. Counsel for both the Plaintiffs and Defendants have advised by letter that they do not object to a stay on the terms proposed by the Court.

Accordingly,

IT IS THEREFORE ORDERED that the Clerk of the Court shall administratively terminate the action in his records, without prejudice to the right of the parties to reopen the proceedings for further proceedings. Provided, however, this case will not be reopened unless within 90 days of the final disposition of the Underlying Lawsuit, an application to reopen is filed herein by one or more parties to this action. If no such motion to reopen is filed within said 90 day period, this Order shall be deemed a dismissal with prejudice of all claims asserted in this action.

IT IS SO ORDERED this 21st day of ...


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