Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank Minnesota, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass v. Trolley Industrial, L.L.C.
ORDER denying plaintiff's partial Objections to Magistrate Judge's Order 81 and Order of Stay and Administrative Closing. Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
WELLS FARGO BANK,
CASE NO. 12-CV-12308
HON. GEORGE CARAM STEEH
TROLLEY INDUSTRIAL, L.L.C.,
LAREY DRESNER, ROBERT
DRESNER, and MARK LEWIS
ORDER DENYING PLAINTIFF’S PARTIAL
OBJECTIONS TO MAGISTRATE JUDGE’S ORDER (Doc. 81)
AND ORDER OF STAY AND ADMINISTRATIVE CLOSING
Now before the court is plaintiff Wells Fargo Bank’s partial objections to the
magistrate judge’s order, granting in part, and denying in part, defendants’ motion to
strike expert reports (Doc. 45), and defendants’ motion to strike supplemental answers
to interrogatories and additional expert reports (Doc. 72). A hearing was held on April
15, 2014. Having failed to show that the magistrate judge’s order (Doc. 80) was clearly
erroneous or contrary to law, the magistrate judge’s order is AFFIRMED and plaintiff’s
partial objections are OVERRULED.
At a conference held at side bar with counsel during the hearing, the court was
advised that a sale by the Receiver is pending and is currently under review for
approval by investors, and that following the sale, the purchaser may or may not choose
to seek substitution for plaintiff in this action. It was agreed that it is appropriate to stay
this action in order to give the parties time to determine whether further litigation
following the sale is required. Accordingly, this action is STAYED pending sale by the
Receiver and until notice by the parties that this matter should be reopened. This case
is ADMINISTRATIVELY CLOSED for a period of up to 90 days, and if not reopened by
July 16, 2014, this matter shall be dismissed with prejudice.
IT IS SO ORDERED.
Dated: April 17, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
April 17, 2014, by electronic and/or ordinary mail.
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