UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

KATHLEEN LAGANA and LOUIS LAGANA,

Plaintiffs,

v. Case No.: 2:23-cv-680-SPC-KCD

AMERICAN MODERN PROPERTY AND CASUALTY INSURANCE COMPANY,

Defendant. / ORDER This is an insurance dispute stemming from Hurricane Ian. The parties now agree that their case should go to appraisal. (Doc. 16.) When an insurance policy contains an appraisal provision, “the right to appraisal is not permissive but is instead mandatory, so once a demand for appraisal is made, ‘neither party has the right to deny that demand.’” McGowan v. First Acceptance Ins. Co., Inc.,

, 1296 (M.D. Fla. 2019) (quoting United Cmty. Ins. Co. v. Lewis,

(Fla. 3d DCA 1994)). And like other stipulations about dispute resolution, the Court enforces contractual appraisal provisions by non-dispositive order. See Positano Place at Naples II Condo. Ass’n, Inc. v. Empire Indem. Ins. Co., No. 2:21-cv-181-SPC-MRM,

, *2 (M.D. Fla. Mar. 10, 2022) (“[B]ecause appraisal will not dispose of any claims or defenses, the Court does not treat the motion to compel appraisal as one for summary judgment.”).

As the parties have agreed that appraisal is appropriate, their request will be granted. Further, the parties request a stay during appraisal. The Hurricane Ian Scheduling Order contemplates such relief if the parties agree that appraisal is appropriate. (Doc. 5 at 2.) Thus, the case will be stayed. All

deadlines and events in the Hurricane Ian Scheduling Order (Doc. 5) are suspended. According, it is hereby ORDERED: 1. The Joint Motion to Abate (Doc. 16) is GRANTED.

2. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. 3. The parties are DIRECTED to file a joint report on the status of appraisal on or before November 15, 2023, and every ninety days thereafter

until appraisal has ended. 4. Within 15 days of a signed appraisal award, the parties are DIRECTED to jointly notify the Court of (a) what issues, if any, remain for the Court to resolve; (b) whether the stay needs to be lifted; and (c) how this

action should proceed, if at all. ORDERED in Fort Myers, Florida this September 15, 20238.

Me. Jai Kfle C. Dudek” United States Magistrate Judge

Copies: All Parties of Record