DDR MDT Fayetteville Spring Creek, LLC v. Federal Deposit Insurance Corporation, The

Filing 6

ORDER that the action is stayed pending the plaintiff's exhaustion of administrative remedies with other directions in the order. Case closed. Signed by Honorable Jimm Larry Hendren on September 26, 2008. (ct)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DDR MDT FAYETTEVILLE SPRING CREEK, LLC vs. Case No. 08-5209 PLAINTIFF

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for ANB Financial, N.A. ORDER

DEFENDANT

This case was removed from the Circuit Court of Washington County, Arkansas, to this Court on September 23, 2008. At the time of

removal, there was in effect a state-court order staying the action "up to and including the earlier of: (a) 180 days from the date of plaintiff's filing a claim with the FDIC as Receiver for ANB Financial, N.A.; or (b) 10 days from the date the FDIC as Receiver for ANB Financial, N.A. has tendered a final written determination upon the plaintiff's claim." In accordance with the state-court order, this action is hereby s t ay e d pending the plaintiff's exhaustion of its administrative

r e me d ie s .

The initial scheduling order previously issued by the Court When the stay expires under the terms set out

is, therefore, vacated.

in the state-court order, plaintiff's counsel is directed to file a motion to re-open this action and to set out in the motion whether it i n te n ds to proceed with this action or whether it successfully

litigated its claim at the administrative level.

If plaintiff does

intend to proceed with this action, a new scheduling order will then i s su e . IT IS SO ORDERED this 26t h day of September, 2008.

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