Federal Deposit Insurance Corporation v. Blackwell et al

Filing 186

ORDER granting Plaintiff's 175 Renewed Motion to Stay Dispositive Proceedings. The filing of dispositive motions is STAYED until 10 days following a ruling by the Court of Appeals in Skow or the Georgia Supreme Court in Loudermilk, whichever o ccurs earlier. Plaintiff's 132 Motion to Redact 130 Transcript is hereby DENIED, with a right to refile upon compliance with the requirements of the Standing Order. Also, Defendants' Motion to Reconsider and/or Vacate this Court's Order of 11/15/2013 178 was granted by the Court's 11/25/2013 Order 180 . Therefore, the Clerk is directed to remove Defendants' Motion 178 as a pending motion. Signed by Judge Richard W. Story on 12/18/2013. (cem)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FEDERAL DEPOSIT
INSURANCE CORPORATION,
AS RECEIVER FOR ALPHA
BANK & TRUST,
Plaintiff,
v.
JAMES A. BLACKWELL, et al.,
Defendants.

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CIVIL ACTION NO.
1:11-CV-3423-RWS

ORDER
This case is before the Court for consideration of Plaintiff’s Renewed
Motion to Stay Dispositive Proceedings [175]. After reviewing the record, the
Court enters the following Order.
Plaintiff urges the Court to stay dispositive proceedings until a decision is
issued by the Eleventh Circuit Court of Appeals in FDIC, as Receiver for
Integrity Bank v. Skow, et al., Case No. 1:11-CV-111-SCJ (the “Skow” case).
The issue before the court in Skow is whether ordinary negligence is a standard
of conduct to be applied in directors and officers cases. This Court’s earlier

AO 72A
(Rev.8/82)

decision granting partial summary judgment on the negligence claims in the
present case [41] is consistent with the decision of the district court in Skow.
However, a contrary decision has been reached by another judge on this Court
who has certified the question to the Georgia Supreme Court. FDIC v.
Loudermilk, Case No. 1:12-CV-4156-TWT (“Loudermilk”). Plaintiff asserts
that a resolution of this fundamental question of law can have a significant
impact on this case. The Court agrees.
Therefore, Plaintiff’s Renewed Motion to Stay Dispositive Proceedings
[175] is hereby GRANTED. The filing of dispositive motions is STAYED
until 10 days following a ruling by the Court of Appeals in Skow or the Georgia
Supreme Court in Loudermilk, whichever occurs earlier.1

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By Order [158] entered August 16, 2013, the Court directed Plaintiff to
comply with the requirements of Section VI.B of the Administrative Procedures
for filing, signing, and verifying papers by electronic means in civil cases and
reserve ruling on the Motion to allow an opportunity for counsel to comply.
The Court has received no documentation that the requirements for redaction
have been met, therefore, the Motion [132] is hereby DENIED, with a right to
refile upon compliance with the requirements of the Standing Order.
Also, Defendants’ Motion to Reconsider and/or Vacate this Court’s
Order of November 15, 2013 [178] was granted by the Court’s November 25,
2013 Order [180]. Therefore, the Clerk is directed to remove Defendants’
Motion [178] as a pending motion.

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AO 72A
(Rev.8/82)

SO ORDERED, this 18th day of December, 2013.

________________________________
RICHARD W. STORY
United States District Judge

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AO 72A
(Rev.8/82)