Heimkes v. Fairhope Motorcoach Resort Condominium Owners Ass'n

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARK HEIMKES, 	)
)
Plaintiff, 	)
)
v. 	) 	CIV. ACT. NO. 1:22-cv-448-TFM-N
)
FAIRHOPE MOTORCOACH RESORT 	)
CONDOMINIUM OWNERS 	)
ASSOCIATION, INC., 	)
)
Defendant. 	)
ORDER
Pending before the Court is Plaintiff’s Motion for Stay of Proceedings (Doc. 42, filed
3/26/23). Plaintiff moves the Court to stay the proceedings in this matter pending a ruling from
the Baldwin County Circuit Court on his Motion to Alter, Amend the Order of the Court Granting
Plaintiff’s 12(B) Motion. Further briefing on the motion is not necessary.
The Court notes that Plaintiff misrepresents the Court’s prior orders, stating “[t]his
Honorable Court . . . has barred the Plaintiff from pursuing his claims in Federal Court due to the
District Court Summary Judgement Orders and the Order of the Baldwin County Circuit Court.”
Doc. 42 at 2. The Court has not barred Plaintiff from pursuing his claims in Federal Court. At
this stage, the Court has only denied Plaintiff’s requests for a temporary restraining order and
preliminary injunction. See Docs. 8, 35. The Court will not regurgitate its findings in its order
denying Plaintiff’s motion for preliminary injunction here, however, it is clear from reading the
order that the reason for the denial was not, as Plaintiff claims, “due to the District Court Summary
Judgement Orders and Order of the Baldwin County Circuit Court.” See Docs. 35, 42. Further,
the Defendant has not filed a motion to dismiss in this action, and the Court has not entered any
order dismissing Plaintiff’s claims. 	Counsel is reminded of his duty of candor to the Court

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pursuant to Fed. R. Civ. P. 11.
Accordingly, the Court sees no reason why this case should not continue to proceed through
discovery while the Baldwin County Circuit Court reviews Plaintiff’s pending motion. Plaintiff’s
Motion for Stay of Proceedings (Doc. 42) is DENIED. Plaintiff is further ORDERED to provide
a copy of this Order, along with the Court’s prior order denying Plaintiff’s request for a preliminary
injunction (Doc. 35) to the Baldwin County Circuit Court for clarity.
DONE and ORDERED this 30th day of March, 2023.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE