Wiley v. Hicks et al

Filing 11

ORDER granting 10 Motion to Reopen Case; directing parties to file proposal withing 14 days re further action in case. Signed by Honorable Jimm Larry Hendren on March 13, 2009. (jrs)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION ISAAC WILEY vs. WAYNE HICKS, et al. PULASKI BANK AND TRUST CO. and FEDERAL DEPOSIT INSURANCE CORP., as Receiver for ANB Financial, N.A. BENTLEY INVESTMENTS OF NEVADA, LLC ORDER On October 7, 2008, this action was stayed pending the plaintiff's exhaustion of his administrative remedies. (Doc. 5.) Plaintiff now moves to re-open the action (Doc. 10), asserting that the FDIC disallowed his claim, thereby concluding the Case No. 08-3056 DEFENDANTS PLAINTIFF

GARNISHEES INTERVENOR

exhaustion of his administrative remedies. No opposition has been filed to the motion to re-open. Upon due consideration, plaintiff's Motion to Re-Open (Doc. 10) is hereby GRANTED. proceed at this juncture. It is unclear how this action should Specifically, it is unclear whether It is also dispositive

discovery is necessary and how long it might take. unclear whether the case can be disposed of by

motions, or whether a hearing or trial is necessary. Accordingly, the parties are directed to confer and, within 14 days of the date of this order, submit a joint proposal to the Court addressing the above issues and setting forth proposed deadlines. If the parties cannot agree on how this action is to

proceed, they are directed to file separate proposals.

IT IS SO ORDERED this 13th day of March, 2009.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE