GREEN v. BANK OF AMERICA HOME LOANS INC et al

Filing 14

ORDER granting 13 Motion to Stay Discovery. Ordered by U.S. District Judge Hugh Lawson on 11/25/2013. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION JOHN GREEN, Plaintiffs, CIVIL ACTION NO. v. 7:13-cv-00137-HL BANK OF AMERICA HOME LOANS, INC., NATIONSTAR MORTGAGE, LLC, Defendant. [PROPOSED] ORDER STAYING DISCOVERY THIS MATTER is before the Court on the Motion to Stay Discovery filed by Defendants Bank of America, N.A., erroneously named as Bank of America Home Loans, Inc. (“BANA”)1 and Nationstar Mortgage, LLC (“Nationstar”) (“Defendants”). Upon consideration of the Motion and the arguments contained in the accompanying Memorandum of Law, the Court finds that there is sufficient 1 Plaintiff names “Bank of America Home Loans, Inc.” as a defendant; however, no legal entity exists by that name. Defendants assume that Plaintiff meant to name Bank of America Home Loans, which was a trade name for BAC Home Loans Servicing, L.P. On July 1, 2011, BAC Home Loans Servicing, L.P. merged with and into Bank of America, N.A. Thus, Bank of America, N.A. responds on behalf of the erroneously named entity “Bank of America Home Loans, Inc.” 1 evidence and just cause for the Court to stay discovery while the Court considers Defendants’ Motion to Dismiss Plaintiff’s Complaint. Accordingly, it is hereby: ORDERED that Defendants’ Motion to Stay Discovery is GRANTED, staying the discovery period and the parties’ requirements to comply with their respective obligations. It is furthermore ORDERED that should the Court later deny Defendants’ Motion to Dismiss Plaintiff’s Complaint, the parties shall comply with all mandates of the federal and local rules within thirty (30) days of the Court’s Order denying said motion. 25th November SO ORDERED this _____ day of _________, 2013. s/Hugh Lawson U.S. District Judge United States District Court 2

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