Taylor Bean & Whitaker Mortgage Corp. v. Lennar Corporation et al

Filing 180

ORDER granting #179 the Plaintiffs, Neil F. Luria, Plan Trustee of the Taylor Bean & Whitaker Mortgage Corporation, and the Federal Deposit Insurance Corporation, and the Defendants, Lennar Corporation, U.S. Home Corporation, North American Title Company, Matthew Devereaux and Andrew James Sorensen's (Settlement Defendants) Joint Motion to Relieve the Settling Defendants From All Remaining Pretrial Deadlines. The deadlines outlined in the Case Management and Scheduling Order shall be stayed as to the Settlement Defendants ONLY. Signed by Judge Sheri Polster Chappell on 10/30/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL
DEPOSIT
INSURANCE
CORPORATION, as receiver of Colonial
Bank, in its own capacity and an
assignee of certain claims of Taylor,
Bean & Whitaker Mortgage Corp.
Plaintiff,
v.

Case No: 2:12-cv-595-FtM-38CM

LENNAR CORPORATION, U.S.
HOME CORPORATION, NORTH
AMERICAN TITLE COMPANY, AYLA
D.
BURNETT,
CHARLES
M.
BURNETT, PEGGY FERGUSON,
JENNIFER WHITE, JULIE WHITE,
UTAH EXCHANGE GROUP, ASPEN
HOME LOANS, LLC, KELLY HATCH,
PAUL ANDREW GULBRONSON,
MICHAEL RILEY MOORE, SR. ,
RIVERWALK
PROPERTY
VENTURES,
LLC,
MATTHEW
DEVEREAUX, ANDREW JAMES
SORENSEN, ANTHONY GIZZI REAL
ESTATE APPRAISAL, INC. and
DAVID SAWYER,
Defendants.
/
ORDER1

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This matter comes before the Court on the Plaintiffs, Neil F. Luria, Plan Trustee of
the Taylor Bean & Whitaker Mortgage Corporation, and the Federal Deposit Insurance
Corporation, and the Defendants, Lennar Corporation, U.S. Home Corporation, North
American Title Company, Matthew Devereaux and Andrew James Sorensen's
(Settlement Defendants) Joint Motion to Relieve the Settling Defendants From All
Remaining Pretrial Deadlines (Doc. #179) filed on October 27, 2014. Pursuant to M.D.
Fla. Local Rule 3.01(g), the Parties conferred and the Motion is unopposed.
The Plaintiffs and the Settlement Defendants move the Court to stay the remaining
deadlines in the Case Management and Scheduling Order as to the Settlement
Defendants. As grounds, the Plaintiffs state the final settlement agreement is in the
process of being reviewed and approved by the FDIC. Once the FDIC finishes the final
paperwork, the Settlement Defendants will be dismissed from the action.
Since the case has been settled between the Plaintiff and the Settlement
Defendants, good cause exists to grant the stay. Sure Fill & Seal, Inc. v. GFF, Inc., 2012
WL 5199670, *6 (M.D. Fla. Oct. 22, 2012) (noting Court’s granting of joint motion to stay

proceedings to afford parties an opportunity to consummate settlement agreement);
Accordingly, it is now
ORDERED:
The Plaintiffs, Neil F. Luria, Plan Trustee of the Taylor Bean & Whitaker Mortgage
Corporation, and the Federal Deposit Insurance Corporation, and the Defendants, Lennar
Corporation, U.S. Home Corporation, North American Title Company, Matthew
Devereaux and Andrew James Sorensen's (Settlement Defendants) Joint Motion to
Relieve the Settling Defendants From All Remaining Pretrial Deadlines (Doc. #179) is

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GRANTED. The deadlines outlined in the Case Management and Scheduling Order shall
be stayed as to the Settlement Defendants ONLY.
DONE and ORDERED in Fort Myers, Florida this 30th day of October, 2014.

Copies: All Parties of Record

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