Bank of America, N.A. v. St. Paul Medical Liability Insurance Company

Filing 21

ORDER granting 20 Motion to Stay until 12/7/2012. Parties are to file a status report, jointly if possible, on or before 12/7/2012. Signed by Magistrate Judge David Keesler on 10/9/2012. (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:12-CV-153-RJC-DCK BANK OF AMERICA, N.A., ) ) Plaintiff, ) ) v. ) ) ST. PAUL MEDICAL LIABILITY ) INSURANCE COMPANY and ) TRAVELERS MEDICAL LIABILITY ) INSURANCE COMPANY, ) ) Defendants. ) ____________________________________) ORDER THIS MATTER IS BEFORE THE COURT on the “Joint Motion To Stay Proceedings” (Document No. 20) filed October 8, 2012. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting consent of the parties, the undersigned will grant the motion, with modification. The Court notes that it has on four occasions granted consent motions to extend the Defendants’ time to answer. While the undersigned appreciates the efforts of counsel to resolve, or at least narrow, this complex dispute, the litigation must proceed at some point. Further extensions of Defendants’ time to answer beyond this stay are very unlikely. IT IS, THEREFORE, ORDERED that the “Joint Motion To Stay Proceedings” (Document No. 20) is GRANTED. IT IS FURTHER ORDERED that all proceedings in this matter, including Defendants’ answer, are stayed until December 7, 2012. IT IS FURTHER ORDERED that the parties shall file a status report, jointly if possible, on or before December 7, 2012. Signed: October 9, 2012 2

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