Montgomery Bank, N.A. v. Riverbend Golf & Country Club, Inc. et al

Filing 55

ORDER granting in part and denying in part 54 Joint Motion to Cancel Mediation. The mediation deadline is extended to October 2, 2018. All other deadlines in 41 the Case Management and Scheduling Order shall remain the same. Signed by Magistrate Judge Carol Mirando on 7/11/2018. (DRS)

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

Case No: 2:17-cv-459-FtM-99CM

RIVERBEND GOLF & COUNTRY
CLUB, INC., PIKE CREEK TURF
FARMS, INC., LEE COUNTY,
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 the Joint Motion to Cancel
Mediation filed on July 10, 2018. Doc. 54. Plaintiff and Defendants Riverbend Golf
& Country Club, Inc. and Lee County seek to cancel their mediation scheduled for
August 2, 2018, or alternatively to extend the mediation deadline, because the parties
have reached a resolution in this matter.

Id. at 1-2.

The parties filed and

supplemented a Stipulation for Entry of Foreclosure Judgment indicating that
Plaintiff and Riverbend Golf & Country Club, Inc. agree to the entry of summary
judgment in favor of Plaintiff, to which Lee County consents. Docs. 52, 53 at 1-2.
The Clerk entered defaults against the other three Defendants in this case—Pike
Creek Turf Farms, Inc., Southern Gulf Equipment Rental & Sales, Inc. and
Riverbend Homeowners Association of Lee County, Inc. Doc. 27. Plaintiff moved

for default judgment against those Defendants in its Motion for Summary Judgment
and Default Judgment. Doc. 50.
Because final judgment has not been entered yet, the Court finds cancellation
of mediation would be premature at this time. However, for good cause shown and
because the motion is jointly filed, the Court extends the mediation deadline to
October 2, 2018 pending the Court’s resolution of the Stipulation for Entry of
Foreclosure Judgment and Plaintiff’s motion for default judgment.
ACCORDINGLY, it is
ORDERED:
The Joint Motion to Cancel Mediation (Doc. 54) is GRANTED in part and
DENIED in part. The mediation deadline is extended to October 2, 2018. All other
deadlines in the Case Management and Scheduling Order (Doc. 41) shall remain the
same.
DONE and ORDERED in Fort Myers, Florida on this 11th day of July, 2018.

Copies:
Counsel of record

-2-