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 January 8, 2021, Continental Western Insurance Company moved to stay this case pending the appeal of the dismissal of Burrell v. Concept Ag, LLC, No. 4:19-cv-124-NBB-JMV, representing that “[t]he 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.” Doc. #95. The Court granted the motion to stay on January 19, 2021. Doc. #97. The Burrell appeal was dismissed on March 24, 2021, for failure to timely file the appellants’ record excerpts. Burrell v. Concept Ag, L.L.C., No. 20-61017,

, at *1 (5th Cir. Mar. 24, 2021). And though the Fifth Circuit “received the joint appellants’ motion to reopen the case,” the appeal was not reinstated because such “default [was not] remedied within 45 days.” Letter re: Joint Mot. to Reopen, Burrell v. Concept Ag., No. 20-61017 (5th Cir. April 5, 2021), ECF No. 515810647. Because the Burrell appeal is no longer pending, the stay in this case is LIFTED. SO ORDERED, this 6th day of January, 2021. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE