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)

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: [phone]
Fax: [phone]
Email: [e-mail]
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: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant

2