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IN RE TOUART, 09-00543. (2010)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20101220379 Visitors: 1
Filed: Dec. 20, 2010
Latest Update: Dec. 20, 2010
Summary: STIPULATED CONSENT ORDER OF DISMISSAL WITH PREJUDICE AS TO ADVERSARY PROCEEDING FILED BY BRIAN MIDDOUGH ROBERT A. GORDON, Bankruptcy Judge Brian Middough (the "Plaintiff) and Suzanne Brown (the "Defendant"), the parties through their respect counsel, Louise M. Carwell, Kay Harding, and the Legal Aid Bureau for Plaintiff, and Gerald Danoff for the Plaintiff, hereby stipulate to the dismissal with prejudice of the above reference adversary proceeding and agree as follows: 1. Plaintiff filed an
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STIPULATED CONSENT ORDER OF DISMISSAL WITH PREJUDICE AS TO ADVERSARY PROCEEDING FILED BY BRIAN MIDDOUGH

ROBERT A. GORDON, Bankruptcy Judge

Brian Middough (the "Plaintiff) and Suzanne Brown (the "Defendant"), the parties through their respect counsel, Louise M. Carwell, Kay Harding, and the Legal Aid Bureau for Plaintiff, and Gerald Danoff for the Plaintiff, hereby stipulate to the dismissal with prejudice of the above reference adversary proceeding and agree as follows:

1. Plaintiff filed an Adversary Complaint to initiate this action on August 14, 2009. Defendant filed a Motion to Dismiss Adversary Proceeding on September 4, 2009, a Summons was issued by the Court on September 14, 2009, the Summons and Compliant were served on the Defendant's counsel on September 16, 2009 and the Court set a pre-trial hearing for November 10, 2009.

2. Plaintiff filed a Motion for Judgment by Default or in the Alternative Opposition on November 2, 2009.

3. Plaintiff filed his Motion for Postponement of Pre-Trial Hearing and to Stay Adversary Proceeding Pending State Court Proceedings ("Motion to Postpone and Stay") on November 3, 2009. The State Court Proceedings is Brian Middough v. Suzanne Brown et al, Circuit Court of Maryland for Baltimore City, case No.: 24-C-09-001808.

4. The Court agreed to Postpone the Pre-Trial Hearing on this matter on November 10, 2009.

5. The parties agreed to stay the adversary proceeding pending the entry of a judgment or resolution of the State Court Proceeding in the Circuit Court for Baltimore City or that matter has been resolved.

6. The State Court Proceeding has now been resolved and settled and it is appropriate to dismiss this adversary proceeding.

NOW, WHEREFORE, in consideration of the above-referenced stipulations and upon the terms and conditions entered hereon, it is, by the United States Bankruptcy Court for the District of Maryland:

ORDERED, that the instant adversary proceeding is dismissed with prejudice.

Source:  Leagle

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