Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

CANADA LIFE ASSURANCE v. GUARDIAN LIFE INSURANCE COMPANY

United States District Court, S.D. New York


March 11, 2004.

THE CANADA LIFE ASSURANCE COMPANY, Plaintiff, -against- THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant

The opinion of the court was delivered by: VICTOR MARRERO, District Judge

DECISION AND ORDER

By letter dated March 5, 2004, defendant Guardian Life Insurance Company ("Guardian") requested the Court to schedule pre-motion conference to consider Guardian's proposed motion seeking entry of a final judgment dismissing this action, with or without prejudice, in order to enable plaintiff Canada Life Assurance Company ("Canada Life") to pursue an appeal, should it choose to do so, of this Court's Order dated January 22, 2003 directing the parties to arbitration and staying this action pending arbitration. Canada Life, in a letter dated March 10, 2004, opposes Guardian's request.*fn1 Having considered the parties' positions with respect this matter, the Court denies Guardian's request.

The Court stayed this action and retained jurisdiction, as it has discretion to do pursuant to 9 U.S.C. ยง 3 and 4, so Page 2 as to enable the parties to pursue arbitration to conclusion. Guardian presents no compelling reason for entry of a final judgment at this time for the purpose of permitting any appeal at this stage of the proceedings and the Court is not persuaded that any efficient or productive end would be served by such a course. In fact, because this dispute is actually in arbitration, an appeal at this time is likely to disrupt or delay that proceeding, or undermine it altogether. The Court also notes that It was Guardian that initially requested a stay of the underlying action. It seems curious, and perhaps gratuitious that Guardian now seeks a final judgment presumably to enable Canada Life to pursue an appeal. In opposing the request, Canada Life gives no indication that it wishes its adversary to do Canada Life's bidding in this regard. Accordingly, it is hereby

  ORDERED that the request of defendant Guardian Life Insurance Company of America for a pre-motion conference is DENIED.

  SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.