Ducksworth et al v. Jim Walter Homes, LLC et al

Filing 11

AGREED ORDER granting 10 Motion to Stay Proceedings; granting 10 Motion for Extension of Time to File. Signed by District Judge Daniel P. Jordan III on August 7, 2015. (EH)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MARVELL AND ROSYLN DUCKSWORTH
VS.

PLAINTIFF
Cause No.: 3:15-cv-00507-DPJ-FKB

JIM WALTER HOMES, LLC, A FOREIGN LLC, et al.

DEFENDANTS

AGREED ORDER STAYING PROCEEDING PENDING A RULING BY
THE U.S. BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA
AND EXTENDING CERTAIN PLEADING DEADLINES FOR THE PLAINTIFFS
AND DEFENDANTS [Dkt. No.: 10 ]
THIS CAUSE came before the Court on the Joint Motion filed by the Plaintiffs and the
moving Defendants, to stay all litigation in this proceeding pending a ruling by the United States
Bankruptcy Court for the Northern District of Alabama (“Bankruptcy Court”) as to the
Automatic Stay that went into effect in the Bankruptcy Proceedings filed by two Defendants:
Jim Walter Homes, LLC and Walter Energy, Inc., that was assigned Cause No.: 15-02741; and,
the Court, having duly considered same, finds the Joint Motion well taken.
IT IS THEREFORE ORDERED that all litigation in this matter is stayed. Should the
Bankruptcy Court grant the Plaintiffs’ Motion for Relief from the Automatic Stay, the Plaintiff
shall have thirty (30) days from the entry of the Order lifting the Stay to file their Motion to
Remand and accompanying Brief in Support of Motion to Remand.
IT IS FURTHER ORDERED that should the Bankruptcy Court grant the Plaintiffs’
Motion to Lift the Automatic Stay, the Defendants shall have thirty (30) days from the entry of
the Order lifting the Stay to file their Answer or any other Responsive Pleadings they deem
necessary given the circumstances.

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SO ORDERED AND ADJUDGED this the 7th day of August, 2015.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE

PRESENTED BY ALL MOVING PARTIES:
/s/ Blake Tyler
__________________________________
Blake A. Tyler, MS Bar No. 101786
John L. Gadow, MS Bar No. 9644
511 E. Pearl Street
Jackson, Mississippi 39201
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiffs Marvell and Roslyn Ducksworth

/s/ Adam Stone
________________________________
Adam Stone
JONES WALKER LLP
190 East Capitol Street
Suite 800
Jackson, MS 39201
Email: [e-mail]
Counsel for Defendants, JIM WALTER HOMES, LLC, A FOREIGN LLC,
GREEN TREE SERVICING, LLC, A FOREIGN LLC, WALTER INVESTMENT
MANAGEMENT CORPORATION, A FOREIGN CORPORATION, WALTER ENERGY INC., A
FOREIGN CORPORATION, BEST INSURERS INC., A FOREIGN CORPORATION, W.
STEWART ROBISON, A RESIDENT INDIVIDUAL, MID STATE CAPITAL, LLC, A FOREIGN
LLC, MID STATE TRUST I, A FOREIGN CORPORATION, MID STATE TRUST II, A FOREIGN
CORPORATION, MID STATE TRUST III, A FOREIGN CORPORATION, MID STATE TRUST
IV, A FOREIGN CORPORATION, MID STATE TRUST V, A FOREIGN CORPORATION, MID
STATE TRUST VI, A FOREIGN CORPORATION, MID STATE TRUST VII, A FOREIGN
CORPORATION, MID STATE TRUST VIII, A FOREIGN CORPORATION, MID STATE TRUST
IX, A FOREIGN CORPORATION, MID STATE TRUST X, A FOREIGN CORPORATION, MID
STATE TRUST XI, A FOREIGN CORPORATION, WILMINGTON TRUST COMPANY, A
FOREIGN CORPORATION, MID-STATE CAPITAL CORPORATION 2004-1 TRUST, A
FOREIGN CORPORATION, MID-STATE CAPITAL CORPORATION2005-1 TRUST, A
FOREIGN CORPORATION, MID-STATE CAPITAL CORPORATION 2006-1 TRUST, A
FOREIGN CORPORATION, MID-STATE CAPITAL TRUST 2010-1, A FOREIGN
CORPORATION & ANNETTE EASON

{JX165509.1}

/s/ Brian Hinton
___________________________________
Brian Hinton
ANDERSON CRAWLEY & BURKE
216 Draperton Court
Ridgeland, MS 39157
Phone/Fax: [phone].707.8801
[e-mail]
Counsel for D.J. McNeil Electric & Plumbing

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