JPMCC 2007-CIBC19 West 11 Mile Road, LLC v. Cumberland Global, LLC

Filing 50

ORDER Granting Plaintiff's 49 Ex Parte MOTION to Terminate the Receivership and Dismiss the Case. Signed by District Judge David M. Lawson. (BSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JPMCC 2007-CIBC19 WEST 11 MILE
ROAD, LLC,
Plaintiff,

Case Number 17-14135
Honorable David M. Lawson

v.
CUMBERLAND GLOBAL, LLC,
Defendant.
/

ORDER GRANTING PLAINTIFF’S EX PARTE MOTION TO TERMINATE THE
RECEIVERSHIP AND DISMISS THE CASE
This matter is before the Court on the plaintiff’s ex parte motion for an order terminating
the receivership and dismissing the case. The complaint seeking enforcement of the plaintiff’s
mortgage interest in the subject property was filed on December 21, 2017. The defendant never
has appeared in the case, and it has not filed any answer to the complaint or any other papers. The
Clerk of Court entered the defendant’s default on April 20, 2018.
In its present motion, the plaintiff represents that the defendant consented to a foreclosure
sale of the property and a sheriff’s sale was conducted on September 11, 2018. The plaintiff was
the high bidder at the sale. The redemption period expired on March 11, 2019, and the defendant’s
interest in the property thereby was extinguished. The plaintiff now wishes to take possession of
the property and no longer requires the services of the Receiver to maintain it. The plaintiff also
represents that all of its claims have been satisfied and it does not anticipate that it can receive any
further relief from this Court. It therefore asks the Court to dissolve the receivership and dismiss
the case. The Court has reviewed the motion, which is unopposed, and finds that the terms
proposed by the plaintiff for dismissal of the matter are proper. See Fed. R. Civ. P. 41(a)(2). The
Court therefore will grant the motion, terminate the receivership, and dismiss the case.

Accordingly, it is ORDERED that the plaintiff’s ex parte motion to terminate the
receivership and dismiss the case (ECF No. 49) is GRANTED.
It is further ORDERED that the receivership is TERMINATED as of March 28, 2019.
It is further ORDERED that the Receiver’s bond hereby is DISSOLVED.
It is further ORDERED that the Receiver shall file his final report and application for
payment of any outstanding fees and final disbursement of funds on or before April 24, 2019.
It is further ORDERED that the case is DISMISSED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: March 28, 2019
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was
served upon each attorney or party of record herein by
electronic means or first class U.S. mail on March 28, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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