Berlinger et al v. Wells Fargo, N.A. as Successor to Wachovia Bank, N.A.

Filing 81

ORDER denying without prejudice 50 Plaintiffs' Motion to Quash Defendants Issued to Ruben A. Doupe Subpoena to Produce Documents, Information, or Objects, or to Permit Inspection of Premises in a Civil Action. Signed by Magistrate Judge Sheri Polster Chappell on 1/25/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STACEY SUE BERLINGER, BRIAN
BRUCE BERLINGER and HEATHER
ANNE BERLINGER, as Beneficiaries to the
Rosa B. Schwiker Trust and all of its related
trusts,
Plaintiffs,
v.

Case No: 2:11-cv-459-Ftm-99SPC

WELLS FARGO, N.A. AS SUCCESSOR
TO WACHOVIA BANK, N.A.,
v.
BRUCE D. BERLINGER and SUE
CASSELBERRY,
Third Party Defendants.
___________________________________/
ORDER
This matter comes before the Court on Plaintiffs’ Motion to Quash Defendant’s Issued to
Ruben A. Doupe Subpoena to Produce Documents, Information, or Objects, or to Permit
Inspection of Premises in a Civil Action (Doc. #50) filed on March 16, 2012. As the Parties are
aware, this matter has been stayed for an extended period of time while disqualification issues
are being litigated. In light of the stay of these proceedings, and thus, the stay of any obligations
under the subpoena, and due to the fact that any rulings on the disqualification issue could affect
the instant Motion, the Court is going to deny the Motion without prejudice at this time. Once
the disqualification issue is resolved, the Plaintiffs may evaluate the status of this case to decide
whether to re-file the Motion after meeting and conferring with opposing counsel.
Accordingly, it is now

ORDERED:
Plaintiffs’ Motion to Quash Defendant’s Issued to Ruben A. Doupe Subpoena to Produce
Documents, Information, or Objects, or to Permit Inspection of Premises in a Civil Action (Doc.
#50) is DENIED without prejudice.
DONE and ORDERED in Fort Myers, Florida this 25th day of January, 2013.

Copies: All Parties of Record

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