Triad Financial Services, Inc. v. Griffith et al, No. 2:2008cv00823 - Document 136 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER denying 83 JOINT MOTION for an Order Permitting the Repossession and Sale by Triad Financial Services, Inc.; granting 84 JOINT MOTION to Approve Consent Judgment; directing that the claims made against Leah D. Griffit h and Kevin Stavnicky by Triad Financial Services, Inc.; denying as moot 85 MOTION by Champmanville Home Place, Inc. to Continue Trial; granting 91 MOTION for Leave to File Second Amended Third-Party Complaint; denying as moot 92 MOTION by Leah D. Griffith and Kevin Stavnicky to Continue Trial and to Modify Order entered 5/26/09; granting 102 MOTION by Chapmanville Home Place to Dismiss the Consumer Credit and Protection Act Claim; the Count V of the Second Amended Third-party Complaint is dismissed; granting 133 JOINT MOTION requesting relief from this Court's Order dismissing Triad. Signed by Judge Joseph R. Goodwin on 5/24/2010. (cc: attys; any unrepresented party) (tmr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION TRIAD FINANCIAL SERVICES, INC., Plaintiff, v. CIVIL ACTION NO. 2:08-cv-00823 LEAH D. GRIFFITH, et al., Defendants. MEMORANDUM OPINION & ORDER Several motions remain pending before the court. On May 5, 2010, Triad Financial Services ( Triad ) and the defendants Leah D. Griffith and Kevin M. Stavnicky (jointly, the Parties ) submitted a Joint Motion Requesting Relief [Docket 133] from this court s Order dismissing Triad [Docket 118] while a Joint Motion for Entry of Consent Judgment and proposed consent judgment order were pending before the court. The Parties requested that the court: (1) reinstate Triad as a party litigant for the sole purpose of and to the extent required for the court to consider the Parties Joint Motion for Entry of Consent Judgment; (2) upon a determination that said Motion is proper, enter the proposed Consent Judgment Order filed with said Motion; and, (3) thereafter enter an order dismissing with prejudice the claims and counterclaims the Parties made against each other in this litigation. By clerical error, this court dismissed with prejudice the claims and counterclaims that the Parties made against each other in this litigation [Docket 134], but did not grant the other requested relief. The court hereby amends its May 6, 2010 Order of Dismissal [Docket 134]. The Joint Motion Requesting Relief [Docket 133] is GRANTED. The Parties are hereby reinstated in this matter as party litigants for the sole purpose of, and only to the extent required for this court to, exercise its jurisdiction and rule on the Parties Joint Motion for Entry of Consent Judgment [Docket 84]. The Joint Motion for Entry of Consent Judgment [Docket 84] is hereby GRANTED. This Order having been entered, the court ORDERS that the claims made against Leah D. Griffith and Kevin Stavnicky by Triad Financial Services, Inc., and the counterclaims made by Leah D. Griffith and Kevin Stavnicky against Triad Financial Services, Inc., are hereby and forever dismissed with prejudice, with each of the parties responsible for its own costs and fees incurred in prosecuting and/or defending against the claims of the other. The Joint Motion for an Order Permitting the Repossession and Sale by Triad Financial Services of defendants house [Docket 83] is DENIED as moot. Also DENIED as moot are the Motion by Chapmanville Home Place, Inc. to Continue Trial Date [Docket 85] and the Motion by Leah D. Griffith and Kevin M. Stavnicky to Continue Trial and Modify Order Entered May 26, 2009 [Docket 92]. The Motion by Lean D. Griffith and Kevin M. Stavnicky for Leave to File a Second Amended Third-Party Complaint [91] is unopposed. This motion is GRANTED. Finding good cause, the court also GRANTS the Motion by Chapmanville Home Place to Dismiss the Consumer Credit and Protection Act Claim [Docket 102]. Thus, Count V of the Second Amended Third-Party Complaint is DISMISSED. -2- The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -3- May 24, 2010
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