Sterling Bank v. Herrod et al

Filing 30

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court: (1) That dft A. Chandler Muller, II is dismissed and terminated without prejudice to the right of any party to petition to reinstate this dft as a 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 p arty; 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; DIRECTING the clerk to mail a copy of this order to the bankruptcy court; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 11/25/2015. (furn: Bankruptcy Clerk) (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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

STERLING BANK, a Division )
of Synovus Bank, a Georgia )
banking corporation,
)
)
Plaintiff,
)
)
v.
)
)
JOSEPH L. HERROD, an
)
individual, et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv540-MHT
(WO)

JUDGMENT
Defendant

A.

Chandler

Muller,

II

having

made

a

suggestion of bankruptcy (doc. no. 13) and counsel for
the parties having orally informed the court during an
on-the-record conference call that they do not object
to this order, it is the ORDER, JUDGMENT, and DECREE of
the court:
(1) That

defendant

A.

Chandler

Muller,

II

is

dismissed and terminated without prejudice to the right
of any party to petition to reinstate this defendant as
a

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 court is DIRECTED to mail a copy of
this order to the bankruptcy court.
This case is not closed.
DONE, this the 25th day of November, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE