Laster v. GMAC Mortgage, LLC

Filing 13

ORDER, JUDGMENT and DECREE of the court: (1) that this case is dismissed without prejudice to the right of any party to petition to reinstate this action as to said party to pursue any claim embraced herein not adjudicated in or discharged by procee dings in the bankruptcy court; (2) that such reinstatement, if and when allowed, will cause the filing date of the claim so reinstated to relate back to the original filing date of this action against said party; and (3) that any petition for reinsta tement must be filed by a party within 60 days after the bankruptcy court has taken such action that entitles that party to seek reinstatement; directing the clerk to mail a copy of this order to the bankruptcy court; this case is closed. Signed by Honorable Judge Myron H. Thompson on 5/24/12. (Attachments: # 1 civil appeals checklist). Furnished to calendar group & AG (terminates Pretrial Conference 01/31/2013; Jury Trial 02/25/2013).(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

MARTEAL LASTER,
Plaintiff,
v.
GMAC MORTGAGE, LLC,
Defendant.

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CIVIL ACTION NO.
2:12cv156-MHT
(WO)

ORDER
The defendant having made a suggestion of bankruptcy
(Doc. No. 12), it is the ORDER, JUDGMENT, and DECREE of
the court:
(1) That this case is dismissed without prejudice to
the right of any party to petition to reinstate this
action as to said party to pursue any claim embraced
herein not adjudicated in or discharged by proceedings in
the bankruptcy court;
(2) That such reinstatement, if and when allowed, will
cause the filing date of any claim so reinstated to relate

back to the original filing date of this action against
said party; and
(3) That any petition for reinstatement must be filed
by a party within 60 days after the bankruptcy court has
taken

such

action

that

entitles

that

party

to

seek

reinstatement.
The clerk of the court is DIRECTED to mail a copy of
this order to the bankruptcy court.
This case is closed.
DONE, this the 24th day of May, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE