Montgomery Bank, N.A. v. Hoolihan et al

Filing 69

ORDER denying as moot 55 Defendant Lee County's Motion to be Excused from All Pretrial Matters and Appearing at Trial; granting 68 Defendant Lee County's Unopposed Motion to be Excused from All Pretrial Matters and Appearing at Trial. Defendant Lee County is excused from appearing at all pretrial matters and trial. See Order for details. Signed by Magistrate Judge Carol Mirando on 10/3/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MONTGOMERY BANK, N.A.,
Plaintiff,
v.

Case No: 2:16-cv-173-FtM-38CM

THOMAS P. HOOLIHAN, JR. ,
KERREY R. HOOLIHAN,
RIVERBEND GOLF & COUNTRY
CLUB, INC., VISION ONE
MANAGEMENT GROUP, INC.,
PIKE CREEK TURF FARMS,
INC., LEE COUNTY, STATE OF
FLORIDA, SOUTHERN GULF
EQUIPMENT RENTAL & SALES,
INC. and RIVERBEND
HOMEOWNERS ASSOCIATION
OF LEE COUNTY, INC.,
Defendants.
ORDER
This matter comes before the Court upon review of Defendant Lee County’s
Motion to be Excused from All Pretrial Matters and Appearing at Trial (Doc. 55) filed
on July 11, 2016 and Defendant Lee County’s Unopposed Motion to be Excused from
All Pretrial Matters and Appearing at Trial (Doc. 68) filed on September 28, 2016.
Plaintiff does not oppose the requested relief. Doc. 68 at 2.
On March 3, 2016, Plaintiff initiated this lawsuit to foreclose a mortgage lien
on real property located in Lee County.

Doc. 1 ¶ 1.

Defendants Thomas P.

Hoolihan, Jr. and Kerry R. Hoolihan executed and delivered a promissory note which
was secured by a mortgage on Defendants’ property in Lee County. Id. at ¶¶ 20, 23.

Plaintiff named Defendant Lee County as a party in this action because Defendant
has a lien on the property at issue. Id. at ¶ 38. Defendant Lee County now seeks
to be excused from all pretrial matters and appearing at trial because it is not an
active participant in this matter. Doc. 68 at 1. Defendant states that its relief is
limited to disbursement of surplus funds and that it has no meaningful role in any of
the proceedings. Id. at 2.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant Lee County’s Motion to be Excused from All Pretrial Matters

and Appearing at Trial (Doc. 55) is DENIED as moot.
2.

Defendant Lee County’s Unopposed Motion to be Excused from All

Pretrial Matters and Appearing at Trial (Doc. 68) is GRANTED. Defendant Lee
County is excused from appearing at all pretrial matters and trial. 1
DONE and ORDERED in Fort Myers, Florida on this 3rd day of October, 2016.

Copies:
Counsel of record

Defendant Lee County need not be present for the Preliminary Pretrial Conference
on October 4, 2016.
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