Rosten et al v. Hartford Lloyd's Insurance Company et al, No. 3:2011cv00072 - Document 15 (S.D. Tex. 2012)
Court Description: OPINION AND ORDER granting 11 Motion to Compel Appraisal and Abatement; that the Pltfs and Hartford SHALL, on or before 2/6/12, designate their respective appraisers; and that an umpire SHALL be agreed upon, or a Motion to Appoint an Umpire filed, on or before 2/17/12. It is further ORDERED that pending the conclusion of the appraisal, all further proceedings in this action are ABATED. It is further ORDERED that the Parties SHALL notify the Court of the result of the appraisal within 10 days following its completion.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION MICHAEL ROSTEN and CARYL ROSTEN V. HARTFORD LLOYD S INSURANCE COMPANY, DONALD SIGGINS and SEAN GRINNAN § § § § § § § § CIVIL ACTION NO. G-11-072 OPINION AND ORDER Before the Court is Hartford Lloyd s Insurance Company s Motion to Compel Appraisal and Abatement filed on December 14, 2011. Having considered the Motion, Plaintiffs response, Hartford s reply and relevant case law, the Court now issues this Opinion and Order. Plaintiffs agree that appraisal is appropriate under the facts of this particular case, they just oppose abating the case during the appraisal process. Of course, abatement pending appraisal is not required, In re Universal Underwriters, S.W.3d , 2011 WL 1713278, *7 n.5 (Tex. May 6, 2011), but in the opinion of this Court, it is appropriate; abatement may, as Hartford points out, avoid a waste of the resources of the parties and courts if the appraisal ultimately resolves this matter. It is, therefore, ORDERED that Hartford s Motion to Compel Appraisal (Instrument no. 11) is GRANTED; that the Plaintiffs and Hartford SHALL, on or before February 6, 2012, designate their respective appraisers; and that an umpire SHALL be agreed upon, or a Motion to Appoint an Umpire filed, on or before February 17, 2012. It is further ORDERED that pending the conclusion of the appraisal, all further proceedings in this action are ABATED. It is further ORDERED that the Parties SHALL notify the Court of the result of the appraisal within 10 days following its completion. DONE at Galveston, Texas, this 18th 2 day of January, 2012.
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