Replies to post #8257 on Dime Bancorp Inc (fka DIMEQ)

[goldcanyon341]

Another JPM filing in Ohio


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEPHEN ROSENBAUM, et al.,
Plaintiffs,
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.
Case No. 2:16-cv-281
Judge: George C. Smith
Magistrate Judge: Terence P. Kemp
REPLY MEMORANDUM IN FURTHER
SUPPORT OF DEFENDANT’S
MOTION TO STAY PROCEEDINGS
On May 10, 2016, JPMorgan filed a motion to stay this litigation
pending resolution of JPMorgan’s Motion for Enforcement filed
in the Delaware Bankruptcy Court. See Defendant’s
Motion to Stay Proceedings (Docket No. 8) (the “Motion to Stay”).
1 In their opposition, the
Plaintiffs offered no reason why this Court should not stay these proceedings until the Delaware Bankruptcy Court decides the Motion for Enforcement. See generally Plaintiffs’ Memorandum
in Opposition to Defendants’ Motion to Stay (Docket No. 12).
Instead, Plaintiffs argued the merits of JPMorgan’s Motion for Enforcement and asserted that the Delaware Bankruptcy Court
lacks jurisdiction.
Id.
Since the Plaintiffs filed their opposition, the Delaware Bankruptcy Court granted JPMorgan’s Motion for Enforcement
deciding these issues against Plaintiffs.
See Order attached
to Notice of Delaware Bankruptcy Court Ruling (Docket No. 13). In its order, the Delaware Bankruptcy Court found Plaintiffs to be in
contempt of the Bankruptcy Court’s Confirmation
Order and required the Plaintiffs “to dismiss the Complaint with prejudice within fourteen days,”
or by June 20, 2016.
Id. ¶¶ 4-5. If the Plaintiffs’ do not comply with the Delaware Bankruptcy 1
Capitalized but undefined terms in this Reply have the same meaning ascribed to them in the Motion to Stay.
- 2 -
Court’s Order, this Court should
stay the action until they do so.
See Celotex Corp. v. Edwards,514 U.S. 300, 313 (1995) (holding
challenges to a bankruptcy court’s order should be made in
that court and not collaterally attacked in another district court).
JPMorgan should not be required to defend a lawsuit that
Plaintiffs are under court order to dismiss.
For the foregoing reasons, JPMorgan respectfully requests the Court grant the Motion to Stay.

Respectfully submitted,
/s/ Matthew C. Corcoran
Matthew C. Corcoran (0078236)
(Trial Attorney)
JONES DAY
325 John H. McConnell Boulevard, Suite 600
Columbus, OH 43215
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]