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, )

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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

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