Continental Western Insurance Company v. Concept Agri-Tek, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION CONTINENTAL WESTERN PLAINTIFF INSURANCE COMPANY V. NO. 4:20-CV-20-DMB-JMV CONCEPT AGRI-TEK, LLC f/k/a Concept AG, LLC, a Missouri limited liability company, et al. DEFENDANTS

ORDER On February 19, 2019, Continental Western Insurance Company filed a complaint in the United States District Court for the Western District of Tennessee against Concept Agri-Tek, LLC f/k/a as Concept Ag, LLC; Greg Crigler; David Allen Hall; Thomas Burrell; International Trustee Group, LLC (“ITG”); Tyrone Grayer; Walter Jackson; and Monique Jackson. Doc. #1.

Continental seeks a declaratory judgment regarding an insurance policy it issued to Concept Ag— specifically, whether it has a duty to defend or indemnify Concept Ag or Crigler against claims in a separate lawsuit filed by Burrell, Hall, ITG, Grayer, and the Jacksons. Id. at 3, 35; see Burrell v. Concept Ag, LLC, No. 4:19-cv-124-NBB-JMV.1 On motion2 filed by Continental, Concept Ag, and Crigler, this case was transferred to the Northern District of Mississippi. Doc. #44.

On September 20, 2020, the federal claims in Burrell were dismissed. Doc. #95-1. The Burrell plaintiffs’ appeal of the decision is now pending before the Fifth Circuit. Doc. #95-3.

On January 8, 2021, Continental filed a motion to stay this case pending the outcome of Burrell was commenced in the Western District of Tennessee but transferred to the Northern District of Mississippi sua sponte. Doc. #135 at 26–28. Upon transfer, Burrell was assigned to United States District Judge Neal B. Biggers, Jr. Doc. #39. the appeal in Burrell. Doc. #95. The motion represents that the “outcome of the appeal at the Fifth Circuit will impact this matter” because if the Burrell decision is affirmed, “the instant cause of action should likewise be dismissed.” Id. at 2. The motion further represents that a stay is needed to “prevent the parties from having to engage in duplicative and/or potentially unnecessary discovery and motion practice” and that the request for a stay is unopposed. Id. at 2.

“The District Court has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). Given the representations that the Burrell appeal will determine whether this case will continue and that a stay is unopposed, the motion to stay [95] is GRANTED. This case is STAYED pending the outcome of the appeal in Burrell. Counsel for Continental is DIRECTED to notify this Court of the outcome of the Burrell appeal within seven (7) days of the Fifth Circuit’s decision.

SO ORDERED, this 19th day of January, 2021. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE