Textron Financial Corporation v. Vanland, Inc. et al

Filing 60

ORDER dismissing case. his case is hereby DISMISSED WITH PREJUDICE and all pending motions are DENIED as moot. The Clerk is directed to terminate all pending matters and deadlines and to CLOSE the file.Signed by Judge Sheri Polster Chappell on 6/5/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TEXTRON FINANCIAL
CORPORATION,
Plaintiff,
v.

Case No: 2:08-cv-362-Ftm-38DNF

WILSON R. ELLIOTT and LANETTE M.
ELLIOT,
Defendants.
___________________________________/
ORDER
This matter is before the Court upon periodic review. On March 10, 2011, the
Court entered an Order directing the Defendants to file a status report every 120 days
(Doc. #56). Defendants’ Wilson R. Elliott and Lanette M. Elliott’s Status Report (Doc.
#57) was filed on March 15, 2011 and indicated that Plaintiff was to receive proposed
payments under the Trustee’s Final Report, that a final decree was due to be entered,
that Vanland, Inc. was administratively dissolved, that further status reports were no
longer necessary, and that irrespective of the final decree, any claim by Textron
Financial Corporation against the Elliotts had been rendered unenforceable as a matter
of law.
On April 23, 2013, the Court directed (Do. #58) Plaintiff to show cause by May 7,
2013 as to why the case should not be dismissed based on Defendants’ Wilson R.
Elliott and Lanette M. Elliott’s Status Report and the attached Trustee’s Final Report.
Plaintiff has failed to respond and the time for doing so has long since expired.
Accordingly, it is now

ORDERED:
1. This case is hereby DISMISSED WITH PREJUDICE and all pending motions
are DENIED as moot.
2. The Clerk is directed to terminate all pending matters and deadlines and to
CLOSE the file.
DONE and ORDERED in Fort Myers, Florida this 5th day of June, 2013.

Copies: All Parties of Record

2