Case 1:11-cv-03423-RWS Document 186 Filed 12/18/13 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
AS RECEIVER FOR ALPHA
BANK & TRUST,
JAMES A. BLACKWELL, et al.,
CIVIL ACTION NO.
This case is before the Court for consideration of Plaintiff’s Renewed
Motion to Stay Dispositive Proceedings . After reviewing the record, the
Court enters the following Order.
Plaintiff urges the Court to stay dispositive proceedings until a decision is
issued by the Eleventh Circuit Court of Appeals in FDIC, as Receiver for
Integrity Bank v. Skow, et al., Case No. 1:11-CV-111-SCJ (the “Skow” case).
The issue before the court in Skow is whether ordinary negligence is a standard
of conduct to be applied in directors and officers cases. This Court’s earlier
Case 1:11-cv-03423-RWS Document 186 Filed 12/18/13 Page 2 of 3
decision granting partial summary judgment on the negligence claims in the
present case  is consistent with the decision of the district court in Skow.
However, a contrary decision has been reached by another judge on this Court
who has certified the question to the Georgia Supreme Court. FDIC v.
Loudermilk, Case No. 1:12-CV-4156-TWT (“Loudermilk”). Plaintiff asserts
that a resolution of this fundamental question of law can have a significant
impact on this case. The Court agrees.
Therefore, Plaintiff’s Renewed Motion to Stay Dispositive Proceedings
 is hereby GRANTED. The filing of dispositive motions is STAYED
until 10 days following a ruling by the Court of Appeals in Skow or the Georgia
Supreme Court in Loudermilk, whichever occurs earlier.1
1By Order  entered August 16, 2013, the Court directed Plaintiff to
comply with the requirements of Section VI.B of the Administrative Procedures
for filing, signing, and verifying papers by electronic means in civil cases and
reserve ruling on the Motion to allow an opportunity for counsel to comply.
The Court has received no documentation that the requirements for redaction
have been met, therefore, the Motion  is hereby DENIED, with a right to
refile upon compliance with the requirements of the Standing Order.
Also, Defendants’ Motion to Reconsider and/or Vacate this Court’s
Order of November 15, 2013  was granted by the Court’s November 25,
2013 Order . Therefore, the Clerk is directed to remove Defendants’
Motion  as a pending motion.
Case 1:11-cv-03423-RWS Document 186 Filed 12/18/13 Page 3 of 3
SO ORDERED, this 18th day of December, 2013.
RICHARD W. STORY
United States District Judge