Houck v. LifeStore Bank et al

Filing 98

ORDER denying as moot 88 Consent Motion to Amend Scheduling Order; denying 96 Motion for Certification of Interlocutory Appeal; denying 96 Motion to Stay Proceedings. Signed by Magistrate Judge David S. Cayer on 3/1/16. (smj)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO: 5:13-CV-66-DSC DIANA LOUISE HOUCK, et. al., Plaintiffs, v. LIFESTORE BANK, et. al., Defendants. ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Plaintiff’s “Motion for Certification of Interlocutory Appeal and to Stay Proceedings” (document #96) and the parties’ briefs and submissions. For the reasons previously stated in the Court’s “Order of Referral to the Bankruptcy Court” (document #93), and in Defendant Substitute Trustee Services, Inc. “Response …” (document #97) and “Memorandum …” (document #97-1), the Motion is denied. The parties’ “Consent Motion to Amend Scheduling Order” (document #88) which predated the referral of this case to the Bankruptcy Court, is denied as moot. The Clerk is directed to send copies of this Order to the parties’ counsel, the Clerk of the United States Bankruptcy Court for the Western District of North Carolina, and to the Honorable Laura T. Beyer, Chief Judge of the United States Bankruptcy Court for the Western District of North Carolina. SO ORDERED. Signed: March 1, 2016 1

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