Wells Fargo Bank, N.A. v. Jernigan

Filing 20

ORDER STAYING CASE for 150 days and granting 19 Joint Stipulation and Request for Entry of Consent Order. Any deadlines falling within the duration of this stay are hereby tolled during the pendency of the stay. Either party may apply to this Court to lift the stay imposed hereby. The parties shall file a joint status report ninety days after the stay is entered. (Joint Status Report due by 7/24/2018.) Signed by Chief Judge J. Randal Hall on 04/25/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

WELLS FARGO BANK, N.A.,

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*

Plaintiff,

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*

*

CV 117-149

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ASHLEY N. JERNIGAN,

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Defendant

ORDER

Plaintiff

Wells

Fargo

Bank,

N.A.,

filed

this

recover money loaned to Southern Tots, LLC, from
guarantor. Defendant Ashley N. Jernigan.

case

to

the loan's

(Pl.'s Compl., Doc. 1,

H 8.)

The parties now move for the Court to enter a consent

order.

(Doc. 19.)

Before the Court may enter a consent order, it must ensure
that the settlement is "fair, adequate and reasonable."

U.S. v.

City of Miami, 664 F.2d 435, 441 (11th Cir. 1981); League of
United

Latin

Am.

Citizens,

Council

No.

4434

v.

Clements,

999

F.2d 831, 845 (5th Cir. 1993) ("The entry of a consent decree is
more

than

a

matter

of

agreement

among

litigants.

judicial act." (internal quotation omitted)).

It

is

a

A court should

approve a settlement so long as it is not unconstitutional,
unlawful, unreasonable, or against public policy.
City of Cocoa, 117 F.3d 1238, 1242 (11th Cir. 1997).

Stovall v.

The terms of the Consent Order provide that the Court will

stay these proceedings until June 16, 2018.
Order, Doc. 19, at 3.)

(Proposed Consent

At that time, the parties may stipulate

to an additional ninety-day extension without further order of
the Court.

(Id.)

giving

parties

the

The Court is weary about the prospect of

total

control

over

the

Court's

docket.

Instead, the Court will grant the parties a stay of 150 days,

terminable upon motion of any party.

The parties shall file a

joint status report ninety days after the stay is entered.

Additionally, the parties will not be subject to the deadlines
in the Scheduling Order while the stay is in effect.

Modifying this provision will not substantially change the
Consent

Order

the

parties

agreed

upon.

The

Consent

Order

provides that after June 16, 2018, if the parties do not agree
to

extend

the

stay.

Plaintiff

may

move

the

Court

to

enter

judgment against Defendant for the damages Plaintiff alleged in
its complaint.

(Id. at 6.)

Plaintiff will still be allowed to

make this motion after June 16, 2018, by moving for the Court to

lift the stay and enter judgment against Defendant.

Upon

due

consideration,

the

parties'

Stipulation

Request for Entry of Consent Order (doc. 19) is GRANTED.

and
IT IS

HEREBY ORDERED that all proceedings in this matter are hereby

STAYED for one hundred fifty days.

Any deadlines falling within

the duration of this stay are hereby tolled during the pendency

of the stay.

Either party may apply to this Court - in writing

and for cause - to lift the stay imposed hereby.

ORDER ENTERED at Augusta, Georgia this

r^^^day of

2018 .

J. U^ATOAL HALL/CHIEF JUDGE

UNITEp STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA