Mid America Bank and Trust Company v. Small Business Administration et al

Filing 113

ORDER denying 91 motion to stay Signed by District Judge Gary A. Fenner on 8/10/09. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION MID-AMERICA BANK & TRUST COMPANY, ) ) ) Plaintiff, ) ) vs. ) ) MIDDLE AMERICA WIRELESS, LLC, ) and SMALL BUSINESS ) ADMINISTRATION, ) ) Defendants. ) Case No. 08-03336-CV-S-GAF ORDER Presently before the Court is Plaintiff Mid-America Bank & Trust Company's ("MidAmerica") Motion to Stay Defendant Small Business Administration's ("SBA") Motion to Dismiss. (Doc. #91). Mid-America seeks to have the Court stay SBA's Motion to Dismiss until the Court has ruled upon its Motion for Leave to File a Second Amended Complaint. (Doc. #91, 86). SBA objects, arguing that, notwithstanding Mid-America's proposed amendments to its Complaint, the Complaint would still warrant the Court to dismiss the case on the same grounds as stated in its Motion to Dismiss. (Doc. #96). After review and consideration, it is ORDERED that Mid-America's Motion to Stay is DENIED. Mid-America shall have up to and including ten (10) days from the date of this Order to file its Suggestions in Opposition to SBA's Motion to Dismiss. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: August 10, 2009

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