U.S. BANK NATIONAL ASSOCIATION v. US INDUSTRIAL GAYLORD L.P.

Filing 28

Judge Michael A. Ponsor: ORDER entered. ORDER OF TRANSFER, Counsel should contact Judge Youngs clerk to obtain an indication as to whether Judge Young will be setting this case for hearing and, if so, when. See the attached order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE REGISTERED
HOLDERS OF WACHOVIA BANK
COMMERCIAL MORTGAGE TRUST,
COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES,
SERIES 2007-C33,
Plaintiff
v.
US INDUSTRIAL GAYLORD L.P.,
Defendant

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C.A. No. 13-cv-30102-MAP

ORDER OF TRANSFER PURSUANT TO
LOCAL RULE 40.1(I)
June 25, 2013
PONSOR, U.S.D.J.
Plaintiff has filed an Emergency Motion for Appointment
of a Receiver (Dkt. No. 2), which this court heard on June
25, 2013.

Defendant opposed the motion based both upon

alleged lack of subject matter jurisdiction and upon the
absence of any circumstances sufficiently critical to
justify appointment of a receiver.
Following oral argument, this court concluded that, at
a minimum, an evidentiary hearing would be necessary to
determine whether, as a factual matter, the circumstances
justified appointment of a receiver.

The court took no

position following oral argument on Defendant’s contention

that the court lacked subject matter jurisdiction.
As the court pointed out to counsel, the court’s
schedule would not permit a hearing on the contested factual
issues at any time prior to late September or early October.
Counsel for Defendant was comfortable with this schedule,
but the moving party, Plaintiff, indicated a strong desire
for a quicker hearing.

With this in mind, the court

contacted United States District Judge William G. Young to
determine whether a transfer of this case to him to address
all outstanding issues in the case at his discretion would
be acceptable.

Judge Young graciously agreed.

Based upon this, the court, pursuant to Local Rule
40.1(I) of the Local Rules for the United States District
Court for the District of Massachusetts, hereby Orders the
transfer of this case to the docket of Judge Young, with his
consent.
Counsel should contact Judge Young’s clerk to obtain an
indication as to whether Judge Young will be setting this
case for hearing and, if so, when.
It is So Ordered.

/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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