Branch Banking and Trust Company v. R&T Rentals, L.L.C. et al

Filing 55

ORDER granting 54 Motion to Reopen Case. The case is reinstated as to Smith and R & T but remains stayed as to defendant Bell. See deadlines included in order.. Signed by Judge Kristi K. DuBose on 12/20/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANCH BANKING AND TRUST
COMPANY,
Plaintiff,
vs.
R & T RENTALS, LLC, et al.,
Defendants.

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CIVIL ACTION NO. 10-0518-KD-N

ORDER
This action is before the Court on the motion to reinstate filed by plaintiff Branch Banking
and Trust Company (doc. 54). Previously, defendants F. Rutherford Smith, Jr. and R & T Rentals,
LLC, participated in a mediation and the mediator reported that the parties had reached a settlement
but ninety (90) days were necessary to complete the settlement contingencies and prerequisites. At
that time, the action was dismissed with prejudice as to Smith and R & T, subject to the right of
either party to reinstate this action within ninety (90) days of the date of the order, September 16,
2011, should the settlement not be completed. (Doc. 50). Subsequent thereto, the action was stayed
as to defendant C. Thurmon Bell because he had filed a Chapter 11 bankruptcy (Doc. 51).
Plaintiff now reports that the settlement agreement contingencies have not been completed
and this action has not been resolved as to Smith and R & T. Plaintiff moves the Court to reinstate
the action as to these defendants. The motion is timely having been filed within ninety (90) days of
the date of the order.
Upon consideration, the motion is GRANTED and this action as to Smith and R & T is
reinstated to the active docket of this Court.
Nothing herein shall be construed as lifting the stay as to defendant Bell and this action shall
remain stayed as to him.

This action having been reinstated to the active docket of this Court, the Rule 16(b)
Scheduling Order (doc. 43) is amended as follows:
1. Final Pretrial Conference. This action is set for final pretrial conference before United
States District Judge Kristi DuBose on Wednesday, February 29, 2012 at 10:30 a.m. in Mobile,
Alabama.
The Joint Pretrial Document required by the Order Governing Final Pretrial Conference
shall be due on or before Wednesday, February 22, 2012 (see doc. 43-1).
2. Trial. This action will be set for trial sometime during the month of March 2012, and the
specific date shall be set once the total number of actions to be tried that month is determined. The
parties estimate that this action will require two (2) trial days.
8. Pretrial Disclosures. The disclosure of information regarding the evidence that each
party may present at trial as required by Fed. R. Civ. P. 26(a)(3) shall be made on or before
February 1, 2012.
DONE and ORDERED this 20th day of December, 2011.

s / Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE