Deutsche Bank National Trust Company v. Boyd et al

Filing 20

ORDER STAYING CASE Granting 19 MOTION to Stay Proceedings filed by Deutsche Bank National Trust Company. Signed by Judge J. Phil Gilbert on 7/25/2011. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee for Argent Securities
Inc., Asset-Backed Pass-Through Certificates,
Series 2003-W5,
Plaintiff,
vs.
GARY BOYD, JACQUELINE J. BOYD,
UNITED STATES OF AMERICA,
UNKNOWN OWNERS, and NON-RECORD
CLAIMANTS,
Defendants.

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Civil No. 11-cv-94-JPG-DGW

ORDER
Plaintiff, Plaintiff Deutsche Bank National Trust Company as Trustee for Argent
Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2003-W5 (“Plaintiff”), by its
attorneys, Bryan Cave LLP, filed a motion on July 21, 2011, requesting that this Court enter a
stay of proceedings until November 5, 2011 (Doc. 19). Plaintiff represented that on July 18,
2011, the servicer of Plaintiff’s loan, American Home Mortgage Servicing, Inc. (“AMSHI”)
informed Defendants Gary and Jacqueline Boyd that they were approved to enter a trial period
plan (“TPP”) under the Home Affordable Modification Program (“HAMP”).

Per HAMP

guidelines, a borrower who qualifies for a TPP must make three timely monthly payments of the
full amount set forth in the TPP approval letter. If the borrower successfully makes timely
payments under the TPP, the borrower will be considered for a permanent loan modification.
Plaintiff further represented that the TPP payments by Defendants Gary and Jacqueline Boyd are
due on August 1, 2011, September 1, 2011, and October 1, 2011, respectively.

In light of these facts, the Court hereby GRANTS the motion for a stay (Doc. 19) and
ORDERS that all proceedings in this action are STAYED until November 5, 2011. Plaintiff is
to provide a status report on settlement on or before November 5, 2011. The Court hereby
VACATES the bench trial scheduled for August 15, 2011 at 9:00 a.m. and the final pretrial
conference scheduled for August 4, 2011. The Court further ORDERS a telephone status
conference to be held on November 18, 2011, at 9:00 a.m. The plaintiff is responsible for
placing the call; the Court’s telephone number is 618-439-7720.

Dated this 25th day of July, 2011.

s/J. Phil Gilbert
Honorable J. Phil Gilbert

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