Wooten et al v. Infinity Partners, LLC et al

Filing 53

Consent ORDER granting 42 Motion to Stay as to Defendant Peerless Real Estate Services, Inc. Signed by Magistrate Judge David Keesler on 1/19/10. (gpb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO.: 3:09-CV-507-RLV-DCK

DA V ID BARTON WOOTEN, LISA WOOTEN, RO BE RT NASTASE, MARY A. NASTASE, JASON E. JO N E S, JASON M. HENDRIX, LEE ADAMS MCIN T Y R E , III, KORI K. MCINTYRE, LAWRENCE R. DUDZIK, CHRISTINE A. DUDZIK, MICHAEL A. DO LA N , LISA A. DOLAN, BARRY K. BROWN, SA N D RA D. BROWN, GREGORY J. HELLMANN, CY N T H IA A. HELLMANN, ROBERT A. HAMILTON and JOAN M. HAMILTON, Plaintiffs, v. IN FIN IT Y PARTNERS, LLC, INFINITY REAL EST A T E PARTNERS, LLC, PRUDENTIAL SOURCE ON E , SOURCE ONE COMMUNITIES, L.L.C., PEE RLESS REAL ESTATE SERVICES, INC., BLUE RIV ER RIDGE AT BLOWING ROCK, LLC, A. GRE G ANDERSON, ANDERSON & ASSOCIATES, FIFT H THIRD BANK f/k/a FIRST CHARTER BANK O F NORTH CAROLINA, ANTHONY PORTER, LEE FA RT H IN G and STEVE RAYBORN, Defendants. CONSENT ORDER STAYING LITIGATION AGAINST DEFENDANT PEERLESS REAL EST A T E SERVICES, INC.

This matter is before the Court on the "Motion For Order Staying Litigation By Receiver For Defendant Peerless Real Estate Services, Inc." (Document No. 42) filed on December 28, 2009 by Joseph W. Grier, III, Receiver for Defendant Peerless Real Estate Services, Inc. ("Peerless"). Having reviewed the record, noting the consent of the

Plaintiffs, and for good cause shown, the Court concludes that the Motion should be granted; and it is therefore ORDERED, ADJUDGED AND DECREED that:

(1)

The plaintiffs in this action are stayed from proceeding against Peerless pending further order of this Court;

(2)

The Receiver is directed to cooperate reasonably with the parties in this action in producing documents in his possession and control requested by parties to that litigation; and

(3)

Plaintiffs in this action may participate along with any other parties asserting claims in any claims process established by the North Carolina Superior Court administering the Peerless receivership and the Receiver is directed to notify counsel for the plaintiffs in this action when that court establishes a claims procedure.

Signed: January 19, 2010

Consented to by:

_/s Joseph W. Grier, III____ Joseph W. Grier, III Attorney for Receiver for Peerless Real Estate Services, Inc.

_/s Matthew W. Buckmiller__ Matthew W. Buckmiller Attorney for Plaintiffs