Opinion
19-cv-11512
10-31-2024
FLAGSTAR BANK FSB, Plaintiff, v. MICHAEL C. HILD, et al., Defendants.
ORDER (1) DENYING PLAINTIFF'S RENEWED MOTION FOR A DEFAULT JUDGMENT WITHOUT PREJUDICE (ECF No. 113), (2) GRANTING DEFENDANT CHARLES STUMBERGER LEAVE TO FILE A MOTION TO SET ASIDE DEFAULT, (3) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 102), AND (4) GRANTING PLAINTIFF'S MOTION TO EXCLUDE TESTIMONY (ECF No. 103)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On October 31, 2024, the Court held a hearing on three motions that Plaintiff Flagstar Bank, FSB has filed in this case: (1) a renewed motion for default judgment against Defendant Charles Darren Stumberger (ECF No. 113), (2) a motion for summary judgment (ECF No. 102), and (3) a motion to exclude the opinion testimony of Defendant Michael Hild's expert witness, Allen Davis (ECF No. 103).
For the reasons explained on the record, IT IS HEREBY ORDERED as follows:
• Flagstar's renewed motion for a default judgment (ECF No. 113) is DENIED WITHOUT PREJUDICE. The Court GRANTS Stumberger leave to file a motion to set aside the default that the Court
entered against him on November 16, 2023 (ECF No. 86). Stumberger shall file that motion by no later than December 2, 2024.
• Flagstar's motion for summary judgment (ECF No. 102) is DENIED.
• Flagstar's motion to exclude the opinion testimony of Allen Davis (ECF No. 103) is GRANTED.
IT IS SO ORDERED.