MC-UA Local 119 Health and Welfare Fund et al v. Air Comfort Company, Inc. et al

Filing 138

ORDER granting 137 Motion for Leave to Conduct Limited Discovery and File reply brief supporting BancorpSouth Bank's claim as set out in order.. Signed by Judge Kristi K. DuBose on 1/26/12. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MC-UA LOCAL 119 HEALTH & WELFARE FUND, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) v. AIR COMFORT CO., INC., and STANLEY SMALL, individually, Defendants. CIVIL ACTION NO. 10-00119-KD-C ORDER This matter is before the Court on BancorpSouth Bank, Inc.’s “Motion for Leave to Conduct Limited Discovery and to File Reply Brief Supporting BancorpSouth Bank’s Claim” (Doc. 137). Upon consideration,1 it is ORDERED that BancorpSouth’s Motion for Leave to Conduct Limited Discovery (Doc. 137) is GRANTED as follows: 1) BancorpSouth shall have until February 23, 2012 to conduct limited discovery (to determine whether it has a security interest in the Gulf Coast Claims Facility Fund money issued to Defendant Air Comfort Company). This deadline is for the completion of discovery (i.e., the deposition of Air Comfort and the exchange of related document production with Plaintiffs). 2) In light of the foregoing, the previously established deadline of October 31, 2011 (Doc. 91) “for completion of all post-judgment discovery from the defendants[]” is lifted to allow Plaintiffs to participate in this limited discovery process. 3) BancorpSouth shall file any Supplement to its Notice of Claim by March 1, 2012. Plaintiffs shall file any Response thereto by March 8, 2012. DONE and ORDERED this the 26th day of January 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 Including the grounds set forth in BancorpSouth’s Notice of Claim Filing (Doc. 132), as well as Plaintiffs’ assertion that they “do not oppose this request” (Doc. 136 at 3 at note 1). 1

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