UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

FEDERAL DEPOSIT INSURANCE CORP.
        Plaintiff

  v           CIVIL ACTION NUMBERS
                96-11864
                96-11666
RHETTA B. SWEENEY, et al
        Defendant


Mazzone, J.D.        December 29, 1997


MEMORANDUM ORDER

By Order of the Court of Appeals for the First Circuit dated July 24, 1997, the parties were ordered to attend mediation before me. To insure that the parties could participate in mediation in good faith and effectively, I issued an order, dated August 4, 1997, to the United States Marshal to cease and desist from any efforts to serve and enforce Execution(s) For Possession and Order to Vacate, dated May 29, 1997, on two properties located at Bay Road and Meyer Lane, Hamilton, Massachusetts. That order was to remain in effect pending the order of this Court.
I have concluded that further efforts at mediation are unlikely to be productive and have returned the case to the court of Appeals.

Accordingly, the cease and desist order I issued to the United States Marshal on August 4, 1997, is vacated, effective at 5:00 p.m., January 5, 1998.

So Ordered.

A. David Mazzone
United States District Judge

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

No.97-1383

FEDERAL DEPOSIT INSURANCE CORPORATION, ETC.,
Plaintiff, Appellee,

v.

RHETTA B. SWEENEY AND JOHN SWEENEY,:
Defendants, Appellants.


No.97-1417

FEDERAL DEPOSIT INSURANCE CORPORATION,
IN ITS CAPACITY AS RECEIVER OF COMFED SAVINGS BANK, F.A.,
Plaintiff, Appellee,

v.

RHETTA B. SWEENEY,
JOHN SWEENEY AND JOHN DOES I-V,
Defendants, Appellants.


MEMORANDUM ORDER

Entered: December 29, 1997

By Order of the Court of Appeals for the First Circuit dated July 24, 1997, the parties were ordered to attend mediation before me. To insure that the parties could participate in mediation in good faith and effectively, I issued an order, dated August 4, 1997, to the United States Marshal to cease and desist from any efforts to serve and enforce Execution(s) For Possession and Order to Vacate, dated May 29, 1997, on two properties located at Bay Road and Meyer Lane, Hamilton, Massachusetts. That order was to remain in effect pending the order of this Court.
After due consideration of this course of mediation over the past several months, I have concluded that further efforts to resolve this case at this time are unlikely to be productive. This case is returned to the Court of Appeals.

By the Court:

            A.David Mazzone
            United States District Judge