Armstrong v. Ocwen Mortgage Company et al

Filing 26

ORDER granting 21 Motion to Stay Pre-Trial Deadlines and Discovery. Signed by Magistrate Judge G. R. Smith on 4/2/2013. (loh)

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ZUI3 APR -2 AM 9:12
IN THE UNITED STATES DISTRICT COURT C
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
EDNA ARMSTRONG, AS
ATTORNEY IN FACT FOR THOMAS
FLOOD, AND THOMAS FLOOD,
PLAINTIFFS,
Civil Action File No.:
1 3-cv-000 1 O-WTM-GRS

V.

OCWEN MORTGAGE COMPANY;
OCWEN LOAN SERVICING, LLC;
OCWEN FINANCIAL
CORPORATION; TAYLOR BEAN &
WHITAKER MORTGAGE
CORPORATION; AND THE
FEDERAL HOME LOAN
MORTGAGE CORPORATION,
DEFENDANTS.

CONSENT ORDER STAYING PRE-TRIAL
DEADLINES AND DISCOVERY
For the reasons set forth in Defendants' Motion to Stay Pre-Trial Deadlines
and Discovery filed with this court on March 8, 2013[Dkt. 21], Plaintiffs and
Defendants submit this Consent Order to Stay Pre-Trial Deadlines and Discovery
until the court has ruled on the Defendants' outstanding Motion to Dismiss

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Amended Complaint which was filed on February 22, 2013 [Dkt. 15] and is ripe
for judgment before this court.
As both parties have conferred, discussed and agreed upon the following
discovery schedule in the event that the court's ruling on the Defendants' Motion to
Dismiss Amended Complaint does not result in a final disposition of the case the
parties have agreed to a schedule as follows:
1.

Discovery will commence on the date the Court enters an Order

ruling on the Defendants' Motion to Dismiss Amended Complaint and will end six
(6) months to the day after the date upon which discovery began.
2.

Pursuant to the time frame established in Fed. R. Civ. P. 26(f) and LR

26.1(a) the parties shall confer 21 days following the entry of the Court's Order
ruling on the Defendants' Motion to Dismiss Amended Complaint and submit to
the Court a written report outlining the proposed discovery plan and confonning to
the form referenced in LR 26.1(b) within 14 days following the Rule 26(f)
conference. Both parties will submit their initial disclosures pursuant to Fed. R.
Civ. P. 26(a)(1)(c) at that time.

3.

Pursuant to the time frame outlined in Fed. R. Civ. P. 26(a)(2)B), the

Plaintiffs must then furnish the expert witness reports and provide the disclosures
required by Fed. R. Civ. P. 26(a)(2)(C) within 60 days after the Fed. R. Civ. P.
26(f) conference and Defendants must furnish the expert witness reports required
by Fed, R. Civ. P. 26(a)(2)(B) and provide the disclosures required by Fed. R. Civ.
P. 26(a)(2)(C) within 90 days after the Fed. R. Civ. P. 26(t) conference.
4.

All dispositive motions will be due no later than 30 days following the

date upon which discovery closes.
5.

Therefore, pursuant to Federal Rule of Civil Procedure 6(b), and for

good cause shown, discovery in this case shall be stayed until the Court rules on
the pending Motion To Dismiss Amended Complaint.

day of

SO OED, this

.5 2013.

UNITE] STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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Stipulated to and submitted by:
/s! Scott H. Michalove
Scott H. Michalove
Georgia Bar No. 504016
BAKER, DONELSON, BEARMAN,
CALD WELL & BERKOWITZ, PC
Suite 1600, Monarch Plaza
3414 Peachtree Rd. NE
Atlanta, Georgia 30326
Phone: [phone]
Fax: [phone]
Counsel for Defendants

Is/Stephen W. Brown
Walter C. Hartridge
Georgia Bar No. 334900
Stephen W. Brown
Georgia Bar No. 290672
BOUHAN FALLIGANT, LLP
P0 Box 2139
Savannah, Georgia 31402
Phone: [phone]
Fax: [phone]
Counseifor Plaintiffs

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