UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

CHARLES LAMIRAND and TRACY LAMIRAND,

Plaintiffs,

v. Case No.: 2:20-cv-138-SPC-MRM

FAY SERVICING, LLC,

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,

(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

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. Case Management Report. After, a United States Magistrate Judge will hold

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 September 1, 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