Davis v. Lifetime Capital Inc

Filing 1306

ORDER denying 1213 Motion to Stay; denying 1214 Motion to Stay; denying 1215 Motion to Stay all as MOOT. Signed by Magistrate Judge Sharon L Ovington on 9/14/12. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
H. THAYNE DAVIS,
Plaintiff,

:

LIFETIME CAPITAL, INC.,
Defendant.

Case No. 3:04cv00059

:

vs.

:

Magistrate Judge Sharon L. Ovington

:
:

ORDER

This case is presently before the Court upon three separate motions to stay filed by Interested
Parties Nena Ellison (Trustee for Johnnie C. and Irene F. Ivy Family Living Trust), Robert G.
Burgess, and Ernest and Jacquelyn Storms (“the Stormses”) (Docs. #1213, 1214, 1215), and the
record as a whole. Ms. Ellison, Mr. Burgess, and the Stormses appealed this Court’s Order (Doc.
#1207) filed November 10, 2011, disallowing their claims to a settlement agreement previously
approved in this case. Ms. Ellison, Mr. Burgess, and the Stormses each request “that the Court . . .
stay the effectiveness of the Order [Doc. #1207] pending the resolution of the Appeal.”
As all appeals regarding this Court’s Order Disallowing Claims of any LifeTime Investor and
Certain Jordan Investors (Doc. #1207) have now been resolved, Interested Parties Nena Ellison,
Robert G. Burgess, and Ernest and Jacquelyn Storms’ Motions to Stay (Docs. #1213, 1214, and
1215) are DENIED as moot.
IT IS SO ORDERED.

September 14, 2012

s/ Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge