Smith v. Specialized Loan Servicing, LLC

Filing 89

ORDER Denying as Moot Plaintiff's 85 Ex Parte Motion to Stay the Scheduling Order. Signed by Magistrate Judge Barbara Lynn Major on 4/26/18. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ORDER DENYING PLAINTIFF'S EX
PARTE MOTION TO STAY THE
SCHEDULING ORDER

Plaintiffs,

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Case No.: 16cv2519-GPC (BLM)

ZARAH KIMBLE, SEHER BASAK, and
SARAH SAKINAH GROZA O'LOUGHLIN,
individually and on behalf of all others
similarly situated,

v.

[ECF No. 85]

SPECIALIZED LOAN SERVICING, LLC,
Defendant.

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On April 20, 2018, Plaintiffs filed an ex parte motion requesting this Court to stay the

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deadlines in the Scheduling Order [ECF No. 42], “pending resolution of Plaintiffs’ Motion to

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Withdraw as Named Plaintiffs and Substitute Nick Nikki as Named Plaintiff (‘Motion to Withdraw

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and Substitute’) [ECF No. 63].” ECF No. 85. In support, Plaintiffs state that they are currently

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unable to obtain the discovery necessary to properly prepare for the mandatory settlement

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conference scheduled for April 30, 2018 and to move for class certification by the May 7, 2018

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deadline. Id. at 2. Plaintiffs further state that if District Judge Curiel grants the Motion to

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Withdraw and Substitute, Plaintiffs should have the opportunity to gather the needed discovery

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afterwards. Id. at 3. Defendants did not file an opposition to the motion. See Docket.

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16cv2519-GPC (BLM)

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On April 20, 2018, after the instant motion was filed, District Judge Curiel issued an Order

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Denying Plaintiffs’ Motion to Withdraw as Named Plaintiffs and Substitute Nick Nikki as Named

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Plaintiff. ECF No. 86.

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On April 23, 2018, the parties filed a joint motion to continue the mandatory settlement

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conference by thirty days. ECF No. 87. The parties stated that Plaintiffs “are exploring their

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options with respect to dismissing the litigation.” Id. at 2. On April 24, 2018, the Court issued

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an Order Granting the Joint Motion to Continue the Mandatory Settlement Conference.

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ECF No. 88.

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In light of Judge Curiel’s order denying Plaintiffs’ Motion to Withdraw and Substitute and

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the order continuing the mandatory settlement conference, Plaintiffs’ ex parte motion to stay

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the Scheduling Order is DENIED as moot.

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IT IS SO ORDERED.

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Dated: 4/26/2018

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16cv2519-GPC (BLM)