Opinion
No. CIV 04-0937 JB/WDS.
November 1, 2005
R. Nelson Franse, Lisa A. Chavez, Rodey, Dickason, Sloan, Akin Robb, P.A., Albuquerque, New Mexico, and
Alan H. Barbanel, James B. Green, Barbanel Treuer, Los Angeles, California, Attorneys for the Plaintiff.
L. Edward Glass, David G. Reynolds, Carter Law Firm P.C., Albuquerque, New Mexico, Attorneys for Defendant Steve Nance.
ORDER
THIS MATTER comes before the Court on: (i) Defendant Steven Nance's Motion to Dismiss or to Stay and Memorandum in Support Thereof, filed September 21, 2004 (Doc. 2); and (ii) Defendant Steven Nance's Motion for Stay of Discovery and Rule 26 Pretrial Disclosures, filed September 21, 2004 (Doc. 4). The Court held a hearing on these motions on September 19, 2005. The Court took the motions under advisement and did not rule at that time.
The primary issue is whether the Court should stay this case and discovery to allow the New Mexico District Court to rule, in a related matter, whether a professional liability insurance policy issued by Plaintiff Certain Underwriters covers claims made by Defendant Steven Nance against L.J. Dolloff Associates of New Mexico. The Court will stay this case and discovery for 120 days from the date of the hearing to see if the New Mexico District Court decides the coverage issue. The parties should send the Court a letter after the hearing in state court, scheduled for January 5, 2006, informing the Court whether the state court will decide the coverage issue. IT IS ORDERED that the Defendant Steven Nance's Motion to Dismiss or to Stay and Memorandum in Support Thereof is granted in part and that this matter is stayed for 120 days from the date of the hearing. The Court will not decide at this time whether to grant Nance's request for dismissal of the case. The Defendant Steven Nance's Motion for Stay of Discovery and Rule 26 Pretrial Disclosures is granted and discovery is stayed for 120 days from the date of the hearing.