Gooden v. Suntrust Mortgage, Inc., et al.,

Filing 35

ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 6/19/12. The 25 Motion for Protective Order is GRANTED; Discovery and the filing of any motion is STAYED pending the ruling by the Bankruptcy Court on the motion to approve settlement; notice of decision to be filed immediately upon a decision being rendered by the Bankruptcy Court; amended joint rule 26(f) conference report due within 14 days of the notice. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEILA GOODEN, an individual,

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Plaintiff,

Case No. 2:11-cv-02595-JAM-DAD

v.
SUNTRUST MORTGAGE, INC., a
Virginia Corporation; and
SUNTRUST BANK, INC., a Georgia
Corporation,

ORDER

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Defendants.

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/

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On June 8, 2012, the parties appeared before the assigned magistrate judge for

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hearing of defendant’s motion for a protective order.1 On June 11, 2012 the assigned magistrate

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judge filed findings and recommendations herein which were served on the parties and which

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contained notice to the parties that any objections to the findings and recommendations were to

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be filed within seven days after being served with the findings and recommendations. Plaintiff

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has filed objections to the findings and recommendations.

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The parties agreed at the hearing to the filing of objections simultaneously and to waive
any right to reply to objections filed in order to expedite the assigned District Judge’s review of
the June 11, 2012 findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the magistrate judge’s findings and recommendations to be supported by the

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record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 11, 2012 (Doc. No. 32) are

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adopted in full;

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2. Plaintiff’s May 30, 2012 motion for a protective order (Doc. No. 25) is
granted;

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3. Discovery and the filing of any motion is stayed pending the ruling by the

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Bankruptcy Court on the motion to approve settlement set for hearing in that court on July 3,

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2012;

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4. The parties are directed to file a notice of decision immediately upon a
decision being rendered by the Bankruptcy Court; and
5. The parties are directed to file an Amended Joint Rule 26(f) Conference Report,

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taking into account the length of time discovery is stayed, within 14 days of the filing of the

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notice of the Bankruptcy Court’s decision with this court.

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DATED: June 19, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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