Canal Walk Construction, LLC, et al. v. Schlossberg

Filing 36

ORDER GRANTING Motion for Reconsideration and VACATING Order of Abstention and REPORT AND RECOMMENDATION to U.S. District Court re 13 Complaint filed by Roger Schlossberg, 35 MOTION for Reconsideration of Order Abstaining from Adversary Complaint filed by Roger Schlossberg Signed by: Bankruptcy Judge Thomas J. Catliota. Signed by Bankruptcy Judge Thomas J. Catliota on 10/1/2015 and entered in Adversary Proceeding 13-0604 TJC on 10/2/2015. (Attachments: # 1 Text of Proposed Order, # 2 Transmittal Sheet)(kns, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division

ROGER SCHLOSSBERG
Plaintiff,
v.
CANAL WALK CONSTRUCTION, LLC, INC., et al.
Defendants.

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UNITED STATES DISTRICT COURT
CASE NO.: PWG 13 3759

ORDER ADOPTING AND APPROVING THE BANKRUPTCY COURT’S
REPORT AND RECOMMENDATION REGARDING ABSTENTION
IT APPEARING TO THE COURT that the U.S. Bankruptcy Court entered on October 8,
2015 a Memorandum and Order Abstaining from Counts I to 10 of the Adversary Complaint
(“Abstention Order”);
IT APPEARING TO THE COURT that the Plaintiff Roger Schlossberg, Chapter 7 Trustee
(“Trustee”) filed a Motion for Reconsideration of the Abstention Order; and
IT APPEARING TO THE COURT that the Plaintiff and Defendants resolved the issue
concerning the statute of limitations pursuant to a Joint Request of All Parties for Agreed
Disposition of Motion for Reconsideration of Order of Abstention; and
IT APPEARING TO THE COURT that the Bankruptcy Court has granted the Motion for
Reconsideration vacating the Abstention Order and has issued its Report and Recommendation
regarding abstention;
IT IS THIS ___ DAY OF _______________________, 2015
ORDERED, ADJUDGED AND DECREED:

1.

The Bankruptcy Court’s Report and Recommendation regarding abstention be,

and hereby is, approved and adopted by this Court; and further ORDERED:
2.

The agreement of the Trustee and Defendants regarding the application of the

statute of limitations shall be binding upon the Trustee and Defendants in the state court action
to be refiled by the Trustee; and further ORDERED:
3.

Counts 1 and 10 of the Adversary Complaint shall be deemed dismissed without

prejudice ten (10) days from the date of entry of this order; and further ORDERED:
4.

Count 11 of the Adversary Complaint be stayed pending final resolution of the

applicable state court action, and that within seven days of the final resolution of the applicable
state court action, the Plaintiff shall file a status report with this court stating the disposition of
that action and requesting relief from this order with respect to Count 11 as appropriate.

_______________________________
Paul W. Grimm
United States District Judge

cc:
Bradshaw Rost, Esq.
Tenenbaum & Saas, P.C.
4504 Walsh Street, Suite 200
Chevy Chase, Maryland 20815

Charles R. Claxton
Garson Claxton, LLC
7910 Woodmont Avenue, Suite 650
Bethesda, MD 20814

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Jeffrey D. Goldstein
Smith Lease & Goldstein, LLC
11 North Washington Street, Suite 520
Rockville, Maryland 20850

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