LAMIRAND
v.
FAY SERVICING, LLC
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The court lifted the stay on the case following the Eleventh Circuit's reversal and mandate, directing the parties to proceed with case management and a pretrial conference.
The case was stayed pending an appeal to the Eleventh Circuit. The Eleventh Circuit reversed the prior decision and issued its mandate, making the rev…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
ORDER1
Before the Court is the Eleventh Circuit’s Mandate. Lamirand v. Fay Serv., LLC, No. 20-14286 (11th Cir. Aug.1, 2022). As the Eleventh Circuit’s decision reversing is now final, the stay is lifted for the case to proceed. See Al Najjar v. Ashcroft, 273 F. 3d 1330, 1338 (11th Cir. 2001) (“When this Court’s mandate issues, the appeal will no longer be pending and a final order on appeal will have been entered. Hence, by its terms, the stay will terminate upon the issuance of this Court’s mandate.” (cleaned up)). Given the break in litigation and changed circumstances, the parties must confer and file a new
a Preliminary Pretrial Conference to discuss scheduling. Accordingly, it is now ORDERED:
1. The stay is LIFTED.
2. The Clerk is DIRECTED to remove the stay flag from the docket. 3. The parties are DIRECTED to confer regarding a new Case Management Report on or before September1, 2022. 4. The parties are DIRECTED to file their new Case Management Report on or before September 8, 2022. 5. This case is REFERRED for a Preliminary Pretrial Conference to be scheduled at a mutually agreeable time. DONE and ORDERED in Fort Myers, Florida on August 3, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record