Cronin v. Bank of America

Filing 8

STIPULATED ORDER to Stay Litigation, Adjouring Motion Hearing and setting ( Status Conference for 11/6/2012 10:00 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANNEMARIE CRONIN,
Plaintiff,

Case No. 2:12-cv-13249-RHC-MAR
District Court Judge Hon. Robert H. Cleland
Magistrate Judge Hon. Mark A. Randon

vs.
BANK OF AMERICA,
Defendant.

LAVASSEUR DYER & ASSOCIATES, P.C.
Allen J. Dyer (P54857)
P.O. Box 721400
Berkley, MI 48072
Attorney for Plaintiff

DYKEMA GOSSETT PLLC
Joseph H. Hickey (P41664)
Laura C. Baucus (P56932)
Samantha Walls (P75727)
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304
[phone]
Attorneys for Defendant

STIPULATED ORDER TO STAY LITIGATION
Plaintiff Annemarie Cronin (“Plaintiff”) and Defendant Bank of America, N.A.
(“Defendant”), having stipulated hereto, as is evidenced by the signatures of their respective
counsel below, the Court being otherwise fully advised, and the parties acknowledging the
following:
1.

Defendant has agreed to attempt to determine Plaintiff’s eligibility for a loan

modification which, if eligible, could lead to an amicable dismissal of all claims made in this
lawsuit;
2.

Plaintiff has agreed to produce information and documents necessary for a loan

modification review to commence;

3.

The parties desire to stay the litigation though November 2, 2012, in order to

allow the review to be completed without incurring costs and fees associated with litigating the
claims at issue in this lawsuit; and
4.

The parties acknowledge that while Defendant has agreed to review Plaintiff’s

loan for a possible modification, there is no guarantee that such modification will be approved or
offered:
IT IS HEREBY ORDERED that, except as otherwise provided in this Order, the
proceedings shall be stayed for all purposes, including discovery, through November 2, 2012, to
allow for the possible resolution of this matter, pending the outcome of the loan modification
review.
IT IS FURTHER ORDERED that all current scheduled dates, including the October 10,
2012 hearing on Defendant’s Motion to Dismiss, are hereby adjourned.
IT IS FURTHER ORDERED that Plaintiff shall have until September 21, 2012, to return
a completed loan modification application, including all requested information and documents,
to Defendant through its counsel so that Defendant may conduct a loan modification review.
Plaintiff shall also provide any further requested information within 5 business days of any such
request;
IT IS FURTHER ORDERED that if any party believes that a settlement is no longer
viable, including, but not limited to, failure by Plaintiffs to produce a completed loan
modification application by September 21, 2012, then any party may serve a proposed order
ending the stay.
IT IS FURTHER ORDERED that, if the stay expires without a resolution to this lawsuit
having been reached, counsel for the parties shall appear for a status conference before this Court

3935614

2

on November 6, 2012, at 10:00 am, at which time the Court will set a hearing on
Defendant’s pending Motion to Dismiss.
IT IS SO ORDERED.
s/Robert H. Cleland
HON. ROBERT H. CLELAND

SO STIPULATED:
LAVASSEUR DYER & ASSOCIATES, P.C.

DYKEMA GOSSETT PLLC

By: /s/Allen J. Dyer (with consent)
Allen J. Dyer (P54857)
P.O. Box 721400
Berkley, MI 48072
Attorney for Plaintiff

By: /s/Samantha L. Walls
Joseph H. Hickey (P41664)
Laura C. Baucus (P56932)
Samantha Walls (P75727)
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304
[phone]
Attorneys for Defendant

Dated: September 14, 2012

3935614

3