Opinion
Case No. 04-4108-JWL.
November 7, 2005
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STAY LITIGATION
This matter comes before the court on the defendant Bank of America, N.A., Private Bank Real Estate Advisory Services's Motion to Stay Third Party Proceedings (Doc. 79). On November 7, 2005, the court held a telephone hearing on this matter. Plaintiff Dean Campbell and DC Compass Dundee, L.L.C. appeared by and through counsel Tom Lemon. Defendant Bank of America, N.A., Private Bank Real Estate Advisory Services appeared by and through counsel Kevin Mason and Todd Ruskamp. Third Party Defendants John Terzakis, Roxanne Gardner, Urban Investment Trust, Inc., and Dundee 53, L.L.C. appeared by and through counsel Tom Beall. Third party Defendant Centerpoint Properties Trust appeared by and through counsel, Michael Weininger and Katherine Scorza. For good cause shown,
IT IS THEREFORE ORDERED:
1. Defendant Bank of America, N.A., shall file its responses to all pending motions to dismiss instanter;
2. Third Party Defendant Dundee 53 shall file an answer or otherwise plead by November 17, 2005;
3. Pending resolution of the motions to dismiss, all discovery-related activities are hereby STAYED for sixty (60) days; and
4. The court hereby sets a Telephone Status Conference in this matter for January 6, 2006, at 1:30 p.m. before U.S. Magistrate Judge K. Gary Sebelius. The court shall initiate the call. The parties, on or before December 30, 2005, shall submit to the court by email, fax, or mail a brief status report discussing the status of this matter, as well as any other matter that may influence the scheduling of this case in this court.
IT IS SO ORDERED.