Henry et al v. Ocwen Loan Servicing, LLC et al

Filing 46

ORDER Denying as moot 38 Motion for determination of discovery dispute No. 1 ; Granting in part and denying in part 45 Joint Stipulation to Continue Joint Motion for Determination of Discovery Dispute No. 1. Signed by Magistrate Judge Nita L. Stormes on 4/16/2018. (gac)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ATLEY HENRY, LAURA HENRY, Case No.: 3:17-cv-688-JM-NLS Plaintiff, 12 13 v. 14 ORDER OCWEN LOAN SERVICING, LLC, et al., 15 16 (1) DENYING AS MOOT JOINT MOTION FOR DETERMINATION OF DISCOVERY DISPUTE NO. 1 [ECF No. 38]; and Defendants. 17 (2) GRANTING IN PART JOINT MOTION TO CONTINUE DISCOVERY DISPUTE NO. 1 [ECF No. 45] 18 19 20 21 22 Before the Court is the parties’ Joint Stipulation to Continue Joint Motion for 23 Determination of Discovery Dispute No. 1. ECF No. 45. In light of additional 24 documents that were located and the pending production which will alter the substance of 25 Discovery Dispute No. 1, the parties request the Court defer ruling and grant additional 26 time to submit a “supplemental joint statement” on or before April 27, 2018. Id. 27 Having reviewed the Discovery Dispute No. 1, the Court finds it contains 28 arguments which have been addressed by the entry of a protective order (see ECF No. 44) 1 3:17-cv-688-JM-NLS 1 and are otherwise rendered moot or modified so significantly as to require revised 2 briefing due to the location and pending production of additional documents. 3 In light of these circumstances, the Court finds it appropriate to: 4 1. DENY AS MOOT the Joint Motion for Determination of Discovery Dispute 5 No. 1; 6 2. GRANT an extension of time until April 27, 2018, for the parties to submit a 7 Discovery Dispute regarding Request for Production of Documents (Set One) 8 propounded by Laura Henry. This Discovery Dispute, if it cannot be resolved 9 by the parties following production of documents, shall be filed as Joint Motion 10 for Determination of Discovery Dispute No. 3 (or next in order) and must 11 remove any arguments previously addressed by the Court in any Order. 12 13 14 15 3. The Court will rule on Joint Motion for Determination of Discovery Dispute No. 3 at its earliest convenience. IT IS SO ORDERED. Dated: April 16, 2018 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:17-cv-688-JM-NLS

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