Free Order on Motion for Partial Summary Judgment - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

VILLAGE SQUARE AT WESTBROOK VILLAGE, an Arizona corporation THE HONORABLE H. RUSSEL HOLLAND Deputy Clerk ----PROCEEDINGS:

v.

STATE FARM FIRE AND CASUALTY CO., et al. CASE NO. CV-03-02515 PHX (HRH) Official Recorder -----

ORDER FROM CHAMBERS

On

September

12,

2005,

the

court

entered

an

agreed

order

certifying a question to the Arizona Supreme Court. No. 64.)

(Clerk's Docket

Counsel for plaintiff will please verify for this court that the certification proceedings have been commenced with the Arizona Supreme Court and provide the court with counsel's best estimate of the likely duration of the Arizona Supreme Court proceedings. This court had heretofore set a final pretrial conference for December 12, 2005, and the trial of this case to commence January 5, 2006. In light of the certification proceedings, the final pretrial Upon receipt of counsel's

conference and trial date are now vacated.

advice regarding the Arizona Supreme Court proceedings, it is this court's intention to stay these proceedings until the date suggested by counsel or the date upon which the Arizona Supreme Court rules on the question certified to it, whichever date shall be earlier. Further, there are presently pending two motions for summary judgment: a motion for partial summary judgment, filed March 17, 2005, - 1 Case 2:03-cv-02515-HRH Document 65 Filed 09/21/2005 Page 1 of 2

by plaintiff Village Square (Clerk's Docket No. 46), and a motion for summary judgment, filed April 25, 2005, by defendant State Farm. Both

motions are denied with leave to renew after the Arizona Supreme Court has decided the question that has been certified to it for review.

- 2 Case 2:03-cv-02515-HRH Document 65 Filed 09/21/2005 Page 2 of 2