Terry et al v. Suntrust Banks Inc et al

Filing 59

ORDER dismissing without prejudice 33 Motion to Dismiss; dismissing without prejudice 34 Motion to Dismiss for Lack of Jurisdiction; dismissing without prejudice 35 Motion to Dismiss for Lack of Jurisdiction; dismissing without prejudice 36 Motion to Dismiss for Lack of Jurisdiction; dismissing without prejudice 37 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable Joseph F Anderson, Jr on 08/30/2010.(bshr, )

Terry et al v. Suntrust Banks Inc et al

D o c . 59

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA A N D E R S O N /G R E E N W O O D DIVISION ) ) ) ) ) C / A No.: 8:09-2054-JFA ORDER

In re § 1031 Exchange Litigation

T h is matter comes before the court on the motions to dismiss for lack of standing and p e rs o n a l jurisdiction of the individual defendants. (ECF Nos. 48, 50, 51, 52, 53, 54, & 56.) O n January 20, 2010, the court issued an order (ECF No. 100) noting that the individual d e f en d a n ts had filed a notice of injunction (ECF No. 89) based on the November 23, 2009 o rd e r of the United States Bankruptcy Court for the Eastern District of Virginia, Richmond D iv is io n , confirming the Joint Chapter 11 Plan of LandAmerica Financial Group, Inc. and its Affiliated Debtors (the "Plan"), Chapter 11 Case No. 08-35994-KRH. Based on the b a n k ru p tcy court's confirmation of the Plan and its injunction provision, the court stayed this c a s e against the individual defendants for an indefinite period. In light of the age of the motions and the uncertainty as to when the Plan's injunctive p ro v is io n s will expire, the court hereby dismisses without prejudice with leave to refile each o f the motions to dismiss listed above. IT IS SO ORDERED.

A u g u st 30, 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

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