Case 3:09-cv-00590-HTW-LRA

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Filed 10/14/2009

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
RICK LACEY, MIKE YARBRO, SUE YARBRO, MYSY RENTAL, INC., A.J. WARREN, III, RAY MONTGOMERY, JR., DANNY GRAY, MASON GRAY, GRANT GRAY, ROSALYN GRAY, ANITA GREEN, LEE BREELAND, ALEX BREELAND VS.

PLAINTIFFS

CIVIL ACTION NO.: 3:09cv590 HTW-JCS

MARSHALL WOLFE, JACK HARRINGTON, JUSTIN ADCOCK, PATRICK MCCRANEY, JOEL TRAVELSTEAD, INVESTLINC/TFS INCOME FUND, LLC INVESTLINC GROUP, LLC AND JOHN DOES I-X

DEFENDANTS

MOTION TO STAY PENDING THIS COURT'S RULING ON

THE PLAINTIFFS' MOTION TO REMAND

The Plaintiffs would show: 1. On July 10, 2009 the Plaintiffs filed this action in the Circuit Court of Rankin County, Mississippi, alleging only state claims against the Defendants. On August 26, 2009 the Plaintiffs filed their amended complaint.
2.

On September 30,2009, Defendant McCraney removed this claim asserting jurisdiction based on the Federal Arbitration Act and that the state claims were a core proceeding or related proceeding to the bankruptcy case of, In Re SteadiVest, LLC 09

01013-NOP.
3.

Within the thirty (30) days allowed by law, the Plaintiffs will file a motion to remand or abstain based on procedural errors by the Defendant, lack of jurisdiction and equitable

Case 3:09-cv-00590-HTW-LRA

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reasons. Currently two (2) Defendants have filed motions to dismiss and another Defendant has filed motions to refer to bankruptcy and to compel arbitration.
4.

This matter should be stayed until this Court rules on the Plaintiffs' motion to remand.

WHEREFORE PREMISES CONSIDERED the Plaintiffs pray that this Court will stay this cause until a THIS the
ruli~he

Plaintiffs motion to remand is made.

~ day of October, 2009.

Case 3:09-cv-00590-HTW-LRA

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Filed 10/14/2009

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CERTIFICATE OF SERVICE
I, Mel Coxwell, do hereby certify that I have on this day electronically filed the foregoing with the clerk of the Court using the ECF System, which sent notification of such filing to the following: Cynthia Speetjens, Esq.
Post Office Box 2629
Madison, MS 39133-2629
Clarence Guthrie, Esq.
Post Office Box 597
Ridgeland, MS 39157-0597
Paul Ellis, Esq.
Post Office Box 22567
Jackson, MS 39225-2567
David C. Dunbar, Esq.
Dunbar Monroe. P. A.
270 Trace Colony Park, Suite A
Ridgeland, MS 39157
Michael Cory, Jr., Esq.
Post Office Box 1759
Jackson, MS 39215-1759