TD BANK NA v. ESTATE OF BRUCE H WOODMAN et al

Filing 61

ORDER terminating 57 Order to Show Cause ; granting in part and dismissing in part 60 Motion for Leave to File Combined Motion for Default and Summary Judgment By JUDGE JOHN A. WOODCOCK, JR. (CCS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TD BANK, N.A.,

)
)
Plaintiff,
)
)
v.
)
)
ESTATE OF BRUCE H. WOODMAN, )
through Stephanie Albert f/k/a
)
Stephanie Green, Special
)
Administrator, ANITA KENERSON )
PRICKETT, BONITA C. BUNKER,
)
LINDSAY ASHWORTH KRAUSS,
)
MARIAH FELLOW KRAUSE,
)
MATTHEW FREDERICK KRAUSS, )
COURTNEY KRAUSS, KATHERINE )
KRAUSS HINDS, STEPHEN ALLEN )
COULOMBE, PAMELA COULOMBE )
ROSS, KEVIN CARL COULOMBE, )
VALERIE M. BERNIER, BRIAN C. )
KENERSON, BRADLEY PAIGE
)
KENERSON SR., ERIC RUNE
)
NORBERG, PAUL A. KENERSON, )
JR., LIZBETH KENERSON
)
VILLACARO, DAPHNE B. LAZOR, )
BRENDA E. COLLINS KENERSON, )
JODI PERROW, CRAIG D. PERROW, )
and FRANK B. KENERSON, JR.,
)
)
Defendants.
)

No. 2:17-cv-00163-JAW

ORDER
The Court concludes that TD Bank, N.A. satisfactorily responded to the Order
to Show Cause (ECF No. 57) and therefore the Court deems the Order to Show Cause
moot.

The Court agrees with TD Bank, N.A. that the two theories of action in this
case, the foreclosure count and the partition count, should, to the extent possible, run
on the same track. The Court would prefer to hold a conference in which all the
Defendants, both those in the foreclosure action and those in the partition action,
defaulted and not defaulted, are given notice. Providing notice of the conference
would respond the First Circuit’s concerns in Key Bank of Maine v. Tablecloth Textile
Co., 74 F.3d 349 (1st Cir. 1996).
The Court directs counsel to contact the Clerk’s Office and obtain a date, time
and place for the conference and to send a notice of the conference to all Defendants,
both the Defendants who have answered the Complaint and those who have not. At
the conference, TD Bank, N.A. should be prepared to demonstrate that it complied
with this part of this Order.
At the conference, the Court hold a Local Rule 56(h) conference and will discuss
TD Bank, N.A.’s proposed motion for default judgment with counsel for TD Bank,
N.A. and with any defendants who appear at the conference.
The Court GRANTS in part and DISMISSES in part Plaintiff’s Motion to File
Combined Motion for Default and Summary Judgment (ECF No. 58). The Court
GRANTS that part of TD Bank, N.A.’s motion that asks the Court to treat the
foreclosure and partition counts to the extent possible as running on the same track.
The Court DISMISSES so much of the motion as requests that the Court approve TD
Bank, N.A.’s request to be allowed to file a motion for default and motion for summary
judgment without first participating in a conference with the Court.

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SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 1st day of October, 2018

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