CUMMINGS v. AMERICAN MEDICAL, et al

Filing 387

ORDER denying 385 MOTION for Summary Judgment and to Remove Stay by FREDERICK CUMMINGS.. Signed by SENIOR JUDGE MAURICE M PAUL on 5/13/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION FREDERICK CUMMINGS, Plaintiff, v. AMERICAN MEDICAL ASSOCIATES INC, DAVID E MORRELL, Defendants. ___________________________/ ORDER Previously, in Doc. 362, the Court stayed the instant matter to allow the parties to return to state court to resolve the homestead character of the property, the priority of Cummings and Chase's lein's and any other factual matter other than the precise issue of whether the U.S. Marshal followed proper procedures in the manner in which the sale was noticed and conducted. The Court noted that it would adjudicate those narrow questions, and the ultimate issue of whether the Marshal's sale should be vacated, after the other factual issues are adjudicated by the state court. The Plaintiffs have now filed a status report below which reveals that the state court entered a default against Mr. Morrell because of his "willful, deliberate, contumacious" conduct CASE NO. 1:99-cv-00110-MP

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in that case. However, the state court was clear in reserving jurisdiction to deal with the issues raised by Chase, stating:

Doc. 386, Exh. A. In other words, the state court still needs to resolve the factual issues referred to in the undersigned's order staying this case. (Doc. 362). Accordingly, the motion at Doc. 385 is denied, and the stay and status report requirements remain in place. DONE AND ORDERED this 13th day of May, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:99-cv-00110-MP