HSBC Bank USA, National Association, Trustee v. Wembley, LLC

Filing 34

AGREED ORDER REFERRING CASE TO MEDIATION AND ESTABLISHING BRIEFING SCHEDULE - re 33 Order Referring Case to Mediation : Supplement to referral order. Parties request that Plaintiff's representative appear by telephone for mediation. Signed by Judge Thomas M. Rose on 9/22/17. (ep)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION HSBC Bank USA, National Association, Trustee, Plaintiff, vs. Wembley, LLC, Defendant. : : : Case No. 3:16-cv-00283 : : Judge Thomas M. Rose : : : : AGREED ORDER REFERRING CASE TO MEDIATION AND ESTABLISHING BRIEFING SCHEDULE This matter came before the Court for a telephone status conference on September 20, 2017. The sole remaining issue pending before the Court is disposition of proceeds held by the Receiver in the approximate amount of $425,386 (the “Proceeds”). The parties have agreed, and it is hereby ADJUDGED, ORDERED, and DECREED that this case be scheduled for mediation at the earliest possible date. Plaintiff’s representative may appear at the mediation by telephone. In addition to the parties, the Receiver shall appear at the mediation. Failing successful mediation, not later than ten (10) days after mediation, the parties shall submit simultaneous briefs of not more than ten (10) pages setting forth the basis for their entitlement to the Proceeds. After submission of the briefs, the Court will rule on the matter of entitlement. IT IS SO ORDERED. s/ Thomas M. Rose Thomas M. Rose, District Judge APPROVED: /s/ Nita L. Hanson Nita L. Hanson (0084342) DINSMORE & SHOHL, LLP 191 W. Nationwide Blvd., Suite 300 Columbus, Ohio 43215 Phone: (614) 628-6927 Fax: (614) 628-6890 Email: Attorney for Plaintiff /s/ Toby K. Henderson Toby K. Henderson (0071378) Scott S. Davies (0077080) SEBALY SHILLITO & DYER 1900 Kettering Tower Dayton, Ohio 45423 Phone: (937) 222-2500 Fax: (937) 222-6554 Email: Attorneys for Defendant 2

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