United States District Court, W.D. North Carolina, Charlotte Division
MEMORANDUM AND ORDER
S. Cayer United States Magistrate Judge.
MATTER is before the Court on Plaintiff's
“Motion to Stay Proceedings and to Compel Arbitration,
” Doc. 4, Plaintiff's “Motion to Appoint
Arbitrator, ” Doc. 5, Plaintiff's “Motion to
Stay Initial Attorney's Conference, ” Doc. 6, and
“Defendant State Farm Mutual Automobile Insurance
Company's Motion to Stay Pending Declaratory Judgment,
” Doc. 7, and the parties' associated briefs and
exhibits, Docs. 8-12.
matter has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1), and these Motions are
now ripe for consideration.
fully considered the arguments, the record, and the
applicable authority, the Court will grant
Defendant's Motion to Stay Pending Declaratory Judgment
and deny without prejudice Plaintiff's three
Motions as discussed below.
FACTUAL AND PROCEDURAL BACKGROUND
matter arises out of a bicycle accident that occurred on
August 18, 2017. At approximately 7:04 am, Plaintiff David
Campbell was found lying in or near the northbound lane of
the 9300 block of Blair Road in Mint Hill, North Carolina.
Campbell alleges that an unknown vehicle driven by John Doe
failed to reduce speed and struck his bicycle. Campbell's
bicycle landed in the road and he was thrown to the side of
the road, landing with his feet on the fog line and his head
in the grass. He lost consciousness upon impact. His last
memory before the collision was glancing at his speedometer.
His first memory after the collision was coming to in the
ambulance. He sustained severe facial fractures as well as
injuries to his knees, right elbow, wrist and shoulder.
time of the accident, Campbell was insured under State Farm
Policy Number 301 3161-D03-33X (“the Policy”),
which provided $250, 000 per person and $500, 000 per
accident in uninsured motorist (“UM”) coverage.
Part C1 - Uninsured Motorists Coverage
We will pay compensatory damages which an
insured is legally entitled to recover from
the owner or operator of an uninsured motor
vehicle because of:
1. Bodily injury sustained by an
insured and caused by an accident; and
2. Property damage caused by an accident. .
. . .
“Uninsured motor vehicle” means
a land motor vehicle or trailer of ...