Robertson, et al. v. American Bankshares, Inc., et al.

Filing 6

MEMORANDUM OPINION AND ORDER granting 4 Federal Deposit Insurance Corporation, as Receiver for Ameribank, Inc. MOTION to Stay. This proceeding is stayed until 6/3/09 - the day in which the stay ends in the Wright v. Sutton case. Signed by Judge David A. Faber on 5/7/2009. (cc: counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD JERRY ROBERTSON, et al., Plaintiffs, v. AMERICAN BANKSHARES, INC., et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the motion for a stay filed by the Federal Deposit Insurance Corporation ("FDIC"), as Receiver for Ameribank, Inc., pursuant to 12 U.S.C. 1821(d)(12)(A)(ii). Plaintiffs have not filed a response in opposition to the request for a stay. The FDIC has filed a similar motion in three other cases pending before this court. On March 4, 2009, the court granted CIVIL ACTION NO. 1:08-1429 the motion to stay in one of the cases1 but neglected to do so in the other three (including this case). The case has been effectively stayed during this time period. 12 U.S.C. 1821(d)(12)(B) provides that upon receipt of a request by a receiver pursuant to subparagraph (A) for a stay, "the court shall grant such stay as to all parties." Based on the foregoing, the motion to stay is GRANTED and this proceeding 1 Wright v. Sutton, Civil Action No. 1:08cv1431. is stayed until June 3, 2009 - - the day in which the stay ends in the Wright v. Sutton case. The Clerk is requested to send a copy of this Memorandum Opinion and Order to counsel of record. IT IS SO ORDERED this 7th day of May, 2009. ENTER: David A. Faber Senior United States District Judge 2

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