Shealy v. Student Loan Xpress Inc et al

Filing 49

ORDER granting 48 Joint Motion to Stay, staying all litigation activity (until 09/15/2010) pending final approval of a proposed nationwide class action settlement in the United States District Court for the Middle District of Florida and directing parties to notify the court should the Florida Action rule on the proposed settlement prior to 09/15/2010. Signed by Honorable Joseph F Anderson, Jr on 04/16/2010.(bshr, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION D ra yto n Shealy, on behalf of himself a n d all others similarly situated, P l a in tif f , vs. S tu d e n t Loan Xpress, Inc.; and Liberty B a n k , N.A., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) C / A No.: 3:08-3057-JFA

ORDER

T h is matter comes before the court on the parties' joint motion [dkt. # 48] to continue th e existing stay [dkt. # 46] of all litigation activity pending final approval of a proposed n a tio n w id e class action settlement in the United States District Court for the Middle District o f Florida (the "Florida Action"). The court is informed that Plaintiff is participating in the F lo r id a Action's proposed settlement, that the court in the Florida Action held a fairness h e a rin g on March 22, 2010, to determine whether to grant final approval of the proposed se ttle m e n t, and that the proposed settlement would resolve claims in this case against both d e f e n d a n ts . Accordingly, the court hereby grants the parties' joint motion to continue the s ta y of all litigation activity until September 15, 2010. Should the court in the Florida Action r u l e on the proposed settlement prior to that time, the parties shall immediately notify the c o u rt, through a filing on the docket, and the stay shall be lifted.

IT IS SO ORDERED.

A p ril 16, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge