ALLSTATE v. OMEGA FLEX, INC.
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|Date Filed||#||Document Text|
|March 1, 2013
ORDER TO SEVER CLAIMS: This matter is before the Court on its Order to Show Cause why the claims relating to three house fires that occurred in the states of Indiana, Georgia and Oklahoma shou ld not be severed and each addressed in a separate action. The Court, being duly advised, orders the claims be severed into three separate causes of action. Pursuant to Rule 21 of the Federal Rules of Ci vil Procedure, Allstate's claims are now severed into three separate cases. Once the new matters have been established, the Court will issue further instructions regarding the filing of amended complaints setting forth Allstate's claims relating to the Indiana Property, the Georgia Property and the Oklahoma Property. The Clerk is instructed as follows: 1. The Nature of Suit code of the new actions to be opened is 245. 2. The Cause of Action code of the new civil actions to be opened is 28 U.S.C. § 1332(a)(1), Product Liability. 3. The assignment of judicial officers in the ne w civil actions shall be as currently exists in this case. Thus the new civil action is to be assigned to the dockets of District Judge William T. Lawrence and the undersigned Magistra te Judge. 4. The parties that will remain in the current action are: Plaintiff: Allstate Property & Casualty Insurance Company Defendant/Third Party Plaintiff: Omega Flex, Inc. Third Party Defend ant: The Knight Group, Inc. Third Party Defendant: Beckom Electric, Inc. Third Party Defendant: Charles Thornton d/b/a Landmark Plumbing 5. The parties in each of the new civil actions to be opened are: Plaintiff: Allstate Property & Casualty Insurance Company Defendant: Omega Flex, Inc. 6. A copy of this Order shall be docketed in each action. 7. The following pleadings, filings and orders in this action shall be r e- docketed in the new civil actions: 1.) Allstate's Complaint filed on April 4, 2012 (Dkt. 1) 2.) Omega Flex's Answer filed on July 2, 2012 (Dkt. 12) If any party seeks the re-docketing of items not listed above, a request for such action may be filed in the newly-opened actions. 8. Omega Flex may not assert a statute of limitations defense against the claims asserted by Allstate in the newly opened matters that would not have been available to Omega Flex in Case No. 1:12-cv-0442-WTL-MJD (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 3/1/2013.(SWM)
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