Harmon v. Ocwen Loan Servicing, LLC et al

Filing 13

ORDER granting 5 Motion to Stay discovery. Signed by Magistrate Judge G. R. Smith on 9/24/14. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JACQUELYN HARMON,
Plaintiff,
Case No. CV414-128

V.

OCWEN LOAN SERV[NCING, LLC, and
U.S. BANK, NATIONAL
ASSOCIATION, as Trustee for C-Bass
2006-CB& Trust, Mortgage Loan AssetBacked Certificates, Series 2006-CB7,
Defendant.

ORDER
In this removed case, plaintiff claims that she was subjected to a
wrongful foreclosure. (Doc. 1-1 at 10.) Defendants move to dismiss the
case, contending that plaintiff has failed to state a claim for relief. (Doc.
4.) Although that motion is not before the undersigned, defendants have
also filed a motion to stay discovery and all pretrial deadlines pending
the Court's ruling on the motion. (Doc. 5.) They insist that the motion
to dismiss will extinguish all claims against them, so discovery costs will
be wasted. (Id. at 1-3.) Plaintiff never responded to the motion, so it
stands unopposed by operation of Local Rule 7.5.

Courts in this circuit have granted motions to stay discovery where
the "resolution on the pending motion to dismiss may extinguish some or
all of the claims . . . potentially restricting the scope of discovery
significantly." White v. Georgia, 2007 WL 3170105 at *2 (N.D. Ga. Oct.
25 ) 2007); see also Feldman v. Flood, 176 F.R.D. 651, 652-53 (M.D. Fla.
1997). After reviewing the dismissal motion here, the Court is satisfied
that it has heft and may extinguish plaintiff's claims. Applying the
principles found in Chudasama v. Mazda Motor Corp., 123 F.3d 1353,
1367 (11th Cir. 1997), defendants' request to stay discovery (doc. 5) is
GRANTED. Should plaintiff's case survive the dismissal motion, the
parties shall submit a proposed scheduling order within 14 days of the
entry of the district judge's order.
SO ORDERED this '4 day of September, 2014.

'UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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