Love v. Lew et al

Filing 53

ORDER Administratively Closing Case. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAEMON LOVE et al.,
Plaintiffs,

Case No. 13-cv-14946
Hon. Matthew F. Leitman

v.
JACOB J. LEW et al.,
Defendants.
_________________________________/
ORDER ADMINISTRATIVELY CLOSING CASE
On December 4, 2013, Plaintiffs Daemon Love (“Love”) and Gary and Beth
Marshall (the “Marshalls”) (collectively, “Plaintiffs”) filed this foreclosure action
against Jacob J. Lew (“Lew”), Shaun Donovan (“Donovan”), Wells Fargo Bank,
N.A. (“Wells Fargo”), and Taylor, Bean & Whitaker Mortgage Corporation
(“TBW”). (See Compl., ECF #1; First Am. Compl., ECF #6.) Among other things,
the Marshalls allege that TBW engaged in fraud related to their request for a
mortgage modification, and they seek both damages and equitable relief. (See First
Am. Compl. at ¶¶ 59-67.)
The Court has previously dismissed all of the claims Plaintiffs brought
against all of the Defendants except for TBW. (See ECF ## 37 (granting Wells
Fargo’s motion to dismiss), 46 (granting Lew and Donovan’s motion tom

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dismiss).) Thus, the only remaining claims in this action the Marshalls’ claims
against TBW.
On September 29, 2014, the parties stipulated to a stay of proceedings with
respect to the Marshalls’ claims against TBW. (See ECF #34.)

The parties

stipulated to the stay because TBW was the subject of bankruptcy proceedings in
the United States Bankruptcy Court for the Middle District of Florida, Jacksonville
Division (the “Bankruptcy Court”), Case No. 3:09-bk-07047-JAF, and the
Marshalls’ claims against TBW were subject to an injunction and automatic stay
entered by the that court. (See id.) The Court entered a stipulated order extending
the stay on April 8, 2015. (See ECF #48.)
The Court held a telephonic status conference with counsel for the parties on
May 2, 2016, to discuss the current status of TBW’s bankruptcy proceedings. The
Court was informed during that call that the Marshalls’ claims against TBW
remain subject to the Bankruptcy Court’s injunction and automatic stay.
Accordingly, the Court directs the Clerk of the Court to ADMINISTRATIVELY
CLOSE this action until further Order of this Court.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: May 3, 2016
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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 3, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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