Tamarack Foreclosure Case Dates Set
TO: Tamarack Municipal Association, Inc. Membership
FROM: TMA Counsel, Stephen J. Lord
RE: Legal Update
DATE: September 13, 2011
On September 13, 2011, Judge Owen established the following deadlines in the foreclosure case:
September 30, 2011: Any party seeking an award of costs, fees and/or prejudgment interest must submit a motion and memorandum in support.
October 31, 2011: Submit objections or responses. Judge Owen requested that the parties meet and confer regarding requests for discovery regarding costs, fees, and prejudgment interest. Although Credit Suisse had requested a specific order regarding discovery for attorneys fees, the Court declined to grant the specific request made by Credit Suisse.
November 15, 2011: Replies to opposition, objection or response to request for fees, costs, interest.
December 1, 2011: Conduct a hearing to resolve any contested request for award of
costs, fees, and/or prejudgment interest.
There are several nonforeclosure claims. For example, contract claims remain to be litigated between contractors and subcontractors on the Village Plaza. One of these claims was recently filed as a motion for summary judgment by YMC against Banner/Sabey. The Court ordered that any party who intends to pursue a nonforeclosure claim for money damages would be required to file a Statement of Claim within fourteen days (that is, no later than September 27, 2011). After the receiving those "Statements of Claim" the Court will arrange further scheduling conferences regarding how those statements of claim will be processed.