Wells Fargo Bank, N.A. v. Yow et al

Filing 39

ORDER denying 18 Motion to Strike, denying 20 Motion to Dismiss, and granting 37 Motion to Stay. Signed by Chief Judge James C. Dever III on 1/6/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No.7:11-CV-60-D

WELLS FARGO BANK, N.A.,
Plaintiff,

v.
LIONEL MARK. YOW,
LIONEL LEON YOW, and
JENNIFER Y. LEECH,
Defendants.

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ORDER

On January 6,2012, the parties filed ajoint motion of the plaintiff Wells Fargo Bank, N.A.
("plaintiff') and defendants Lionel Mark Yow, Lionel Leon Yow, and Jennifer Y. Leech
("defendants") asking that the court stay this proceeding pending approval ofa settlement agreement
and to amend or delay all deadlines or requirements ofthe scheduling order pending the anticipated
dismissal of this proceeding. Based upon the joint request and representations of counsel as set
forth in the motion, the motion [D.E. 37] is GRANTED as follows: all matters in this action are
hereby stayed and all deadlines eliminated or held in abeyance pending the conclusion of the
settlement approval proceedings in the Bankruptcy Court and the anticipated dismissal with
prejudice of this proceeding; PROVIDED THAT IN THE EVENT THAT the settlement is not
approved and this case is consequently not dismissed, counsel for the parties are ordered to promptly
file a new proposed discovery plan and proposed scheduling order with the court no later than the
date 14 days after the settlement is disapproved by the Bankruptcy Court or February 28, 2012,
whichever date last occurs. The parties are further directed to report to the court if an objection to

the settlement is timely filed in Mr. Yow's Chapter 11 case and the hearing date for resolving such
objection. The other pending motions [D.E. 18, 20J are DENIED without prejudice.
SO ORDERED. This.J.... day ofJanuary 2012.

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