WILMINGTON SAVINGS FUND SOCIETY FSB AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A v. CIRONE et al

Filing 39

ORDER EXTENDING STAY AND ORDER ON MOTIONS FOR DEFAULT JUDGMENT AND TO ALLOW ADDITIONAL EVIDENCE - denying without prejudice 14 Motion for Default Judgment and denying without prejudice 31 Motion to Allow Additional Evidence and Presentation of Original Note. By JUDGE NANCY TORRESEN. (mnd)

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WILMINGTON SAVINGS
FUND SOCIETY, FSB, AS
TRUSTEE OF STANWICH
MORTGAGE LOAN TRUST A,
Plaintiff,
v.
DEAN J. CIRONE
and
MAINE REVENUE SERVICES,
Defendants.

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ORDER EXTENDING STAY AND
ORDER ON MOTIONS FOR DEFAULT JUDGMENT
AND TO ALLOW ADDITIONAL EVIDENCE
The Plaintiff filed a motion for default judgment on October 25, 2019. Mot. For
Default Judgment (ECF No. 14). Following a hearing on the Plaintiff’s motion for
default judgment, on January 29, 2020, the Plaintiff filed a motion to allow additional
evidence and presentation of the original note. Pl.’s Presentation of Original Note and
Mot. to Allow Additional Evid. (ECF No. 31). On September 29, 2020, the Plaintiff
filed a motion to stay in light of the moratorium on residential foreclosures and
evictions for FHA-insured mortgages of occupied properties that was issued by the
U.S. Department of Housing and Urban Development (“HUD”) in response to the
COVID-19 pandemic and national emergency. Mot. to Stay (ECF No. 35). I granted
the Plaintiff’s motion to stay the case through December 31, 2020. Order (ECF No.

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36). Because I granted the Plaintiff’s motion for a stay, I have not yet ruled on the
pending motion for default judgment and motion to allow additional evidence.
On December 30, 2020, I issued an order directing the Plaintiff to show cause
as to why the stay in this case should not be extended until March 1, 2021, because
the HUD foreclosure and eviction moratorium had been extended through February
28, 2021. Order (ECF No. 37). The order further instructed the Plaintiff to show cause
if it objected to the court denying the Plaintiff’s pending motions without prejudice
and with leave to refile following expiration of the stay. On January 5, 2021, the
Plaintiff filed its response to the order to show cause and stated it had no objection to
the case being stayed until March 1, 2021, and the Plaintiff’s pending motion for
default judgment and motion to allow additional evidence being denied without
prejudice and with leave to refile. Resp. to Court’s Order dated Dec. 30, 2020 (ECF
No. 38).
Accordingly, it is ORDERED that the stay entered in this case is extended
until March 1, 2021. In addition, given the ongoing COVID-19 pandemic and in the
interests of justice, the Court DENIES without prejudice the Plaintiff’s pending
motion for default judgment (ECF No. 14) and the Plaintiff’s motion to allow
additional evidence (ECF No. 31). The Plaintiff is free to refile both motions upon
expiration of the stay in this case.
SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 6th day of January, 2021.

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