United States District Court, D. South Carolina, Florence Division
R. Mullis, Mullis Law Firm Attorney for Plaintiff Anthony
Elizabeth A. Martineau, Lee M. Thomas Martineau King PLLC,
Attorneys for Unnamed UIM Defendant Erie Insurance Exchange.
Stephen L. Brown Russell G. Hines, Young Clement Rivers, LLP
Attorneys for Defendant Rylie Elizabeth Johnson.
L. Sullivan, Clawson and Staubes, LLC, Attorney for Unnamed
UIM Defendant Allstate Insurance Company.
CONSENT ORDER STAYING ACTION
Bryan Harwell, United States District Judge.
THE COURT is a Consent Motion to Stay Action.
through their respective counsel undersigned, all of the
parties to this action, namely, Plaintiff, Anthony Evans;
Defendant, Rylie Elizabeth Johnson; and the Unnamed UIM
Defendants, Erie Insurance Exchange and Allstate Insurance
Company (collectively, the “Parties”), represent
to the Court as follows in support of the subject motion:
is a personal injury lawsuit arising out of an automobile
Plaintiff and Defendant have reached an agreement to settle
the matter on a covenant not to execute.
more fully set forth in the written covenant,  in consideration
of the payment, to Plaintiff, on Defendant's behalf, by
Defendant's automobile liability insurer, American Family
Mutual Insurance Company (“AFMIC”), of the full
amount of the per-person bodily injury liability coverage
limit on the auto insurance policy AFMIC issued covering the
vehicle Defendant was driving at the time of the underlying
auto accident (the “Subject AFMIC Policy”),
Defendant is protected from personal liability exposure
relating to the underlying auto accident, but Plaintiff's
claims against Defendant are not released, and Plaintiff may
continue to prosecute the instant personal injury suit and,
although Plaintiff may not seek enforcement against Defendant
personally, Plaintiff may seek payment of any judgment he may
obtain in the instant personal injury suit against/under any
other applicable insurance coverage, i.e., against/under
other insurance coverage besides the coverage provided by the
Subject AFMIC Policy.
another court, there is a pending declaratory judgment action
about whether certain disputed underinsured motorist (UIM)
coverage exists/applies with respect to the underlying auto
accident (the “UIM DJ”).
Whether Plaintiff will continue to prosecute the instant
personal injury suit will depend on the outcome of the UIM
Parties agree that is in the interests of justice and
judicial economy, and that it will work no undue prejudice
upon any Party, for the instant personal injury ...