Jackson v. GMAC Mortgage Corporation

Filing 42

ORDER denying 41 Motion entitled "Reconsideration Urgent Attention Motions Filed December 26, 2013 for Motion for Injunction/Motion for Automatic Stay, Motion for Relief of Automatic Stay/Stay Order, Motion to Correct Name on the Complaint, Motion to Lift Automatic Stay / Motion to Prceed [sic] to Trial". Signed by Judge Kristi K. DuBose on 12/30/2013. (Attachments: # 1 Bankruptcy Order); copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CORLA JACKSON,
Plaintiff,
v.
GMAC MORTGAGE, LLC,
Defendant.

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CIVIL ACTION NO. 12-00111-KD-B

ORDER
This action is before the Court on pro se Plaintiff Corla Jackson’s motion filed December 26,
2013, entitled “Reconsideration Urgent Attention Motions Filed December 26, 2013 for Motion for
Injunction/Motion for Automatic Stay, Motion for Relief of Automatic Stay/Stay Order, Motion to
Correct Name on the Complaint, Motion to Lift Automatic Stay / Motion to Prceed [sic] to Trial”
(Doc. 41).
On May 31, 2012, this action was stayed by the Court pursuant to 11 U.S.C. § 362 due to the
Defendant’s bankruptcy filing in the United States Bankruptcy Court for the Southern District of
New York. (Doc. 23). Upon consideration, it is ORDERED that Jackson’s present motion is
DENIED. In so ruling, the Court reminds Jackson of the Order denying her motion to lift the
automatic stay issued by the United States bankruptcy judge presiding over the Defendant’s
bankruptcy action,1 which states, in relevant part: “Under the Supplemental Servicing Order, Jackson
will be able to assert any available state law defenses (but not affirmative damages claims) in any
action by GMAC Mortgage to recover possession. Jackson’s damages claims will have to be
pursued in this Court as part of the claims allowance process.” (Doc 37-1 at 6). Thus, to the extent
Jackson seeks to “block an illegal (Ejectment)” by the Defendant (Doc. 41 at 1), such a request for
relief should be asserted as a defense in the pending state court action.
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A copy of that Order was submitted by the Defendant at ECF Doc. 37-1 and has also been attached as an

The parties are reminded that they are “to file a Joint Status Report, to advise the Court as to
the status of the bankruptcy proceedings and this litigation, on or before Monday, March 17, 2014.”
(Doc. 40).
DONE and ORDERED this the 30th day of December 2013.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

exhibit to this Order.

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