Stringfellow et al v. Federal National Mortgage Association et al

Filing 36

ORDER denying 35 Joint MOTION for Extension of Time to File Response/Reply as to 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to Stay Discovery, and for Issuance of a Revised Scheduling Order filed by Donnie W Stringf ellow, II, Sandra A Stringfellow. The 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JPMorgan Chase Bank NA, Federal National Mortgage Association is converted to a motion for summary judgment. The Court directs defendan ts to file a statement of disputed material facts by November 6, 2013. Plaintiffs' responding papers are due by November 27, 2013. Any reply is due by December 6, 2013. These ddls will not be extended. Depositions should be scheduled to comply with the briefing schedule. Signed by Judge D. P. Marshall Jr. on 10/24/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
DONNIE W. STRINGFELLOW, II and
SANDRA A. STRINGFELLOW

v.

PLAINTIFFS

No. 1:12-cv-84-DPM

FEDERAL NATIONAL MORTGAGE ASSN.
("FANNIE MAE") and JPMORGAN
CHASE BANK, N.A.

DEFENDANTS

ORDER
Defendants' motion to dismiss, NQ 32, and related papers move beyond
the complaint with facts and non-public documents that may be disputed.
The Court notes the joint motion for more time to respond, to stay discovery,
and to issue a new scheduling Order. It, NQ 35, is denied. The better course
is to recognize Defendants' motion for what it is-one for summary
judgment- and give Plaintiffs adequate time to respond. The motion is
converted.

FED.

R. CN. P. 56(£). The Court directs Defendants to file a

statement of undisputed material facts conforming to Local Rule 56.1 and this
Court's scheduling Order, NQ 31 at 3-4. Statement due by 6 November 2013.
Plaintiffs' responding papers due by 27 November 2013. The Court calls
Plaintiffs' attention to the requirements for their responding statement of

material facts. NQ 31 at 3-4. Any reply due by 6 December 2013. Given the
delays to date in this case, these deadlines will not be extended. If the parties
know they need to take a deposition or two, then they should schedule them
now to comply with the briefing schedule.
So Ordered.

D.P. Marshall Jr.
United States District Judge
24 October 2013

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