Tow v. Amegy Bank N.A. et al

Filing 212

ORDER entered MOOTING 86 MOTION to Dismiss 77 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RODNEY TOW,
Plaintiff,
VS.
AMEGY BANK N.A., et al.,
Defendants.

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CIVIL ACTION NO. H-11-03700

ORDER
On September 12, 2013, the bankruptcy court approved a settlement agreement between the
estate of Royce Homes, L.P. and Donnie Lou Speer in the bankruptcy proceeding underlying this
action. The bankruptcy court entered an Order Approving Compromise Controversy Under
Bankruptcy Rule 9019. That order moots Donnie Lou Speer’s motion to dismiss filed in this case.
(Docket Entry No. 86). Before the settlement agreement was approved, Donnie Lou Speer passed
away. No legal representative had been appointed with the authority to finalize the settlement. On
September 19, 2013, this court postponed a hearing on the motion to dismiss for sixty days to allow
the appointment of an administrator legally able to execute the settlement agreement. No later than
December 16, 2013, the administrator may move to reinstate Donnie Lou Speer’s motion to dismiss
and seek any necessary action by this court to finalize the settlement approved in the underlying
bankruptcy case.
SIGNED on September 26, 2013, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge