Triad Financial Services, Inc. v. Griffith et al

Filing 163

MEMORANDUM OPINION & ORDER granting Leah D. Griffith and Kevin M. Stavnicky's 148 MOTION to Amend Memorandum Opinion and Order; the May 24, 2010 Memorandum Opinion and Order is VACATED insofar as it denies as moot the Joint Motion for an Order Permitting the Repossession and Sale by Triad Financial Services, Inc. of Defendants' Manufactured Home, and this 83 JOINT MOTION is GRANTED. Signed by Judge Joseph R. Goodwin on 7/14/2010. (cc: attys; any unrepresented party) (mkw)

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Griffith et al v. Chapmanville Home Place, Inc. et al Doc. 163 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LEAH D. GRIFFITH, et al., Plaintiff, v. CHAPMANVILLE HOME PLACE, INC., et al., Defendants. CIVIL ACTION NO. 2:08-cv-00823 MEMORANDUM OPINION & ORDER Pending before the court is a Motion by Defendants/Third-Party Plaintiffs ("Movants"), Leah D. Griffith and Kevin Stavnicky, to Amend Memorandum Opinion and Order [Docket 148]. Movants request that this court amend its Memorandum Opinion and Order entered May 24, 2010 [Docket 136], insofar as it denied as moot a Joint Motion for an Order Permitting the Repossession and Sale by Triad Financial Services, Inc. of Defendants' Manufactured Home [Docket 83]. Movants indicate that such repossession remained part of the settlement agreement reached between Triad Financial Services, Inc., and Movants, and aver that "[a]ll . . . parties have either completed an inspection of the home, or indicated that they waive any right to inspect the home." (Mem. Supp. Mot. Amend Order [Docket 149] 2.) No parties have objected to Movants' Motion to Amend. Finding good cause, the court GRANTS this Motion to Amend [Docket 148]. The May 24, 2010 Memorandum Opinion and Order [Docket 136] is VACATED insofar as it denies as moot the Joint Motion for an Order Permitting the Repossession and Sale by Triad Financial Services, Inc. of Defendants' Manufactured Home [Docket 83], and this Join Motion [Docket 83] is GRANTED. Dockets.Justia.com The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: July 14, 2010 -2-

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