Houey et al v. TD Bank, N.A.

Filing 51

ORDER on or before 15 business days from entry of this Order, Pltfs shall advise the Court in writing of their intention to pursue or to dismiss this action. (SEE ORDER FOR DETAILS) Signed by District Judge Martin Reidinger on 9/13/12. (Pro se litigants served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv225

HELEN CLIETTE HOUEYand
EMMANUEL HOUEY,
Plaintiffs,
vs.
CAROLINA FIRST BANK, TD BANK,
Defendants.

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ORDER

THIS MATTER is before the Court on the Response of Steven G. Tate,
Standing Chapter 13 Trustee [Doc. 50].
The Chapter 13 Trustee has advised that in his opinion, both he and the
Plaintiffs have standing to prosecute this action. He further advised that
having considered the costs of this litigation versus the potential benefit to the
bankrupt estate, he will not pursue this action.

The Court finds that its

previous rulings dismissing claims as well as the Trustee’s opinions in this
regard may have influenced the Plaintiffs’ decision concerning further pursuit
of this litigation. As a result, it will provide the Plaintiffs with an opportunity to
so advise.

IT IS, THEREFORE, ORDERED that on or before fifteen (15) business
days from entry of this Order, the Plaintiffs shall advise the Court in writing not
to exceed two double spaced pages in length of their intention to pursue or to
dismiss this action. The Plaintiffs are hereby specifically advised that failure
to comply with this Order may result in the dismissal of this action without
prejudice without further notice.
Signed: September 13, 2012