Old Republic National Title Insurance Company v. Boender et al

Filing 19

ORDER re: 14 Motion to Intervene. Trustee to file supplemental memo as outlined by 6/30/11; Old Republic to respond within time provided by LR 7.1(b). Memoranda due 6/30/2011. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Old Republic National Title
Insurance Co.
v.

Civil No. 10-cv-447-JD

John A. Boender, et al.
PROCEDURAL ORDER
Old Republic National Title Insurance Company (“Old
Republic”) sued John A. Boender, Stephen O. Simons, and S.O.
Simons, Inc. (“Boender and Simons”), seeking a declaratory
judgment that Old Republic has no liability to the defendants for
alleged damages or loss in connection with five title insurance
claims.

Financial Resources Mortgage, Inc. (“FRM”) and C L and

M, Inc. (“CLM”), which brokered and serviced the mortgages,
respectively, were placed in involuntary Chapter 7 bankruptcy on
November 20, 2009.

The Trustee for FRM and CLM’s bankruptcy

estates, Steven M. Notinger, has moved, pursuant to Federal Rule
of Civil Procedure 24, to intervene.
The Trustee’s motion, and Old Republic’s response, raise
questions that require additional briefing.
questions and issues shall be addressed.

The following

1. What is the Trustee’s response to Old Republic’s
argument that the Trustee lacks Article III standing to
intervene in the declaratory judgment action in this
court?

2. What interest does the Trustee assert in the five
claims submitted by Boender and Simons to Old Republic
that are the subject of the declaratory judgment
action?

3. Are the five claims brought by Boender and Simons
property of the jointly-administered bankruptcy estates
and subject to the automatic stay?

4. What is the effect of the May 4, 2010, Settlement
Agreement in Adversary Proceeding No. 09-01184-JMD on
the Trustee’s interest in Boender and Simons’s claims
for title insurance that are the subject of this
declaratory judgment action?

5. Does the Trustee seek to intervene as of right or
permissively?

2

6. If the Trustee seeks to intervene as of right, how
does the Trustee meet the relevant standard under
Federal Rule of Civil Procedure 24(a)?

7. If the Trustee seeks to intervene permissively, how
does the Trustee meet the relevant standard under
Federal Rule of Civil Procedure 24(b)?

The Trustee shall submit a supplemental memorandum
addressing these matters on or before June 30, 2011.

Old

Republic shall file a response to the Trustee’s supplemental
memorandum within the time provided by Local Rule 7.1(b).
SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
June 13, 2011
cc:

Michael J. Lambert, Esquire
Thomas M. Looney, Esquire
Alec L. McEachern, Esquire
Deborah Ann Notinger, Esquire
Gregory T. Uliasz, Esquire

3