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)

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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 -2-

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