Schneider v. Bank of America N.A et al

Filing 206

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/2015 ORDERING that plaintiff's 191 motion to stay is DENIED. Quality's 188 motions to compel, to deem matters admitted, and for an award of reasonable attorneys fees are GRANTED . On or before 5/27/2015, plaintiff shall serve responses to Quality's Interrogatories and produce documents responsive to Quality's Request for Production of Documents. The Requests for Admissions served on plaintiff (see ECF No. 145 E x. 2) are deemed admitted. Within 7 days of this order, Quality shall submit a declaration detailing the reasonable expenses it incurred in bringing its motion to compel. It is further ordered that plaintiff shall appear for and cooperate in the tak ing of his deposition. The deposition shall occur at the time and place for which it was duly noticed. Plaintiff's 174 motion to modify the scheduling order is GRANTED IN PART and DENIED IN PART. The deadline for disclosures of experts is EXT ENDED as follows: The parties shall serve their initial expert disclosures upon all other parties on or before 6/12/2015; rebuttal expert disclosures shall be served on or before 7/10/2015. Plaintiff's motion to modify is otherwise DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. SCHNEIDER,

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No. 2:11-cv-2953-JAM-EFB PS

Plaintiffs,
v.

ORDER

BANK OF AMERICA N.A, BANK OF
AMERICA MORTGAGE, BANK OF
AMERICA HOME LOANS SERVICING
LP, BALBOA INSURANCE CO., HOME
RETENTION GROUP, QUALITY
RETENTION GROUP, QUALITY LOAN
SERVICE CORP., CLIFF COLER, DOES
1-40,
Defendants.

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This case was before the court on May 13, 2015, for hearing on three separate motions:

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(1) defendant Quality Loan Service Corp.’s (“Quality”) motion to compel plaintiff’s discovery

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responses, to deem matters admitted, and for an award of reasonable attorney’s fees, ECF No.

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174; (2) plaintiff’s motion to modify the court’s November 18, 2014 scheduling order, ECF No.

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188; and (3) plaintiff’s motion to stay this case, ECF No. 191. Attorney Alison Lippa appeared

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on behalf of defendants Bank of America, N.A., Federal Home Loan Mortgage Corporation, and

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Balboa Insurance Co.; attorney Seth Harris appeared on behalf of Quality. Plaintiff, who is

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proceeding in pro se, appeared by telephone.
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After careful consideration of the moving and opposing papers and the arguments at the

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hearing, and for the reasons stated on the record, plaintiff’s motion to stay is denied. Further,

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Quality’s motions to compel, to deem matters admitted, and for an award of reasonable attorney’s

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fees are granted.

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On or before May 27, 2015, plaintiff shall serve responses to Quality’s Interrogatories and

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produce documents responsive to Quality’s Request for Production of Documents. The Requests

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for Admissions served on plaintiff (see ECF No. 145 Ex. 2) are deemed admitted. Further, within

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7 days of this order, Quality shall submit a declaration detailing the reasonable expenses it

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incurred in bringing its motion to compel.

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It is further ordered that plaintiff shall appear for and cooperate in the taking of his

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deposition. The deposition shall occur at the time and place for which it was duly noticed.

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Plaintiff’s motion to modify the scheduling order is granted in part and denied in part.

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The deadline for disclosures of experts is extended as follows: The parties shall serve their initial

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expert disclosures upon all other parties on or before June 12, 2015; rebuttal expert disclosures

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shall be served on or before July 10, 2015. Plaintiff’s motion to modify is otherwise denied.

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So Ordered.
DATED: May 13, 2015.

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