JP Morgan Chase Bank, N.A. v. First American Title Insurance Company

Filing 55

ORDER Granting Chase's request for interlocutory appeal, Stays the proceedings as to First American and Chase, but the FDIC and First American, Grants FDIC's Motion for Protective Order, and denying First American's Motion for Authorization to Discontinue Payment of Utilities and Other Bills. (REFER TO IMAGE FOR FURTHER DETAILS).. Signed by District Judge Marianne O Battani. (BThe)

JP Morgan Chase Bank, N.A. v. First American Title Insurance Company

Doc. 55

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JP MORGAN CHASE BANK, N.A., Plaintiff, v. Case No. 09-14891 FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant. HON. MARIANNE O. BATTANI

Consolidated with,

FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff, v. JP MORGAN CHASE BANK, N.A., Defendant. ____________________________________/

Case No. 09-14915 HON. MARIANNE O. BATTANI

ORDER RESOLVING PENDING MOTIONS Before the Court is J.P. Morgan Chase Bank N.A.'s (Chase) request for immediate certification for appeal and a stay of the proceedings (Doc No. 42), First American Title Insurance Company's ("First American") Motion for Authorization to Discontinue Payment of Utilities and Other Bills (Doc. No. 45), and the Federal Deposit Insurance Corporation / Receiver's ("FDIC") Motion for a Protective Order (Doc. No. 46).

Dockets.Justia.com

For the reasons stated on the record in a hearing held September 1, 2010, the Court GRANTS Chase's request for interlocutory appeal, STAYS the proceedings as to First American and Chase, but not the FDIC and First American, GRANTS FDIC's Motion for a Protective Order, and DENIES First American's Motion for Authorization to Discontinue Payment of Utilities and Other Bills. As to the stay, the Court is satisfied that Chase has shown the likelihood that it will prevail on the merits of the appeal and that the public interest in best served by granting the stay as well as the absence of harm to others if the stay is granted. IT IS HEREBY ORDERED that this action is STAYED as to Chase and First American until the later of (1) the expiration of the time to file a petition for permission to appeal to the United States Court of Appeals for the Sixth Circuit or, if such permission is granted, (2) the disposition of any such appeal. IT IS FURTHER ORDERED that FDIC shall respond and/or object to First American's pending discovery request on or before September 22, 2010. Witness lists must be filed on or before October 2, 1020. Discovery must be completed on or before December 2, 2010; dispositive motions are due on or before December 23, 2010. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE Dated: September 2, 2010

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CERTIFICATE OF SERVICE Copies of this Order were served upon counsel of record on this date by ordinary mail and/or electronic filing. s/Bernadette M. Thebolt Case Manager

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