Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc

W.D. Louisiana

Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc

DecidedSeptember 8, 2023

Docket6:21-cv-04322

StatusUnknown

This text of Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc (Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc, (W.D. La. 2023).

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Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

MAHANT HOSPITALITY LLC CASE NO. 6:21-CV-04322

VERSUS JUDGE JAMES D. CAIN, JR.

INDEPENDENT SPECIALTY MAGISTRATE JUDGE CAROL B. INSURANCE CO INC WHITEHURST

MEMORANDUM ORDER Before the Court is a Motion to Stay (Doc. 38) filed by Defendant Independent Specialty Insurance Co. Inc. Plaintiff Mahant Hospitality LLC opposes the motion. Doc. 40. The motion is ripe. This case is set for trial on January 29, 2024. Doc. 22. Defendant moves the Court to stay the case, arguing that irrespective of how the Court rules on a pending Motion to Compel Arbitration (Doc. 23), the case will be stayed. That is, if the Defendant prevails and the parties proceed to arbitration, the case will be stayed, or dismissed. Otherwise, if the Defendant’s Motion to Compel Arbitration (Doc. 23) is denied, then it will seek an interlocutory appeal, which will result in a mandatory stay under Coinbase, Inc. v. Bielski, 143 S. Ct. 1915, 1919, 216 L. Ed. 2d 671 (2023). Plaintiff argues that the current certified question before the Louisiana Supreme Court regarding enforcement of arbitration provisions under Louisiana Revised Statutes section 22:868 is likely to be resolved in its favor. The Court finds that a stay of the litigation at the present moment is premature. IT IS ORDERED that Defendants Motion to Stay (Doc. 38) be DENIED. THUS DONE AND SIGNED in Chambers on this 8th day of September 2023.

. = JAMES D. CAINSR: t . UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

MAHANT HOSPITALITY LLC CASE NO. 6:21-CV-04322

VERSUS JUDGE JAMES D. CAIN, JR.

INDEPENDENT SPECIALTY MAGISTRATE JUDGE CAROL B. INSURANCE CO INC WHITEHURST

MEMORANDUM ORDER Before the Court is a Motion to Stay (Doc. 38) filed by Defendant Independent Specialty Insurance Co. Inc. Plaintiff Mahant Hospitality LLC opposes the motion. Doc. 40. The motion is ripe. This case is set for trial on January 29, 2024. Doc. 22. Defendant moves the Court to stay the case, arguing that irrespective of how the Court rules on a pending Motion to Compel Arbitration (Doc. 23), the case will be stayed. That is, if the Defendant prevails and the parties proceed to arbitration, the case will be stayed, or dismissed. Otherwise, if the Defendant’s Motion to Compel Arbitration (Doc. 23) is denied, then it will seek an interlocutory appeal, which will result in a mandatory stay under Coinbase, Inc. v. Bielski, 143 S. Ct. 1915, 1919, 216 L. Ed. 2d 671 (2023). Plaintiff argues that the current certified question before the Louisiana Supreme Court regarding enforcement of arbitration provisions under Louisiana Revised Statutes section 22:868 is likely to be resolved in its favor. The Court finds that a stay of the litigation at the present moment is premature. IT IS ORDERED that Defendants Motion to Stay (Doc. 38) be DENIED. THUS DONE AND SIGNED in Chambers on this 8th day of September 2023.

. = JAMES D. CAINSR: t . UNITED STATES DISTRICT JUDGE

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Mahant Hospitality L L C v. Independent Specialty Insurance Co Inc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahant-hospitality-l-l-c-v-independent-specialty-insurance-co-inc-lawd-2023.