Smith v. PHH Mortgage Corporation et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS 33 REPORT AND RECOMMENDATIONS re 25 MOTION to Bifurcate and Stay Discovery filed by Nationwide Affinity Insurance Company; DENYING 25 MOTION to Bifurcate and Stay Discovery by Defendant Nationwide Affinity Insurance Company. Signed by Senior Judge James T Moody on 7/14/2015. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
PAM SMITH,
Plaintiff,
v.
PHH MORTGAGE CORP., et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:15 CV 10

ORDER
Defendant Nationwide Affinity Insurance Company moved to bifurcate Count II
of plaintiff’s complaint from Count I of plaintiff’s complaint, and also requested a stay
on all discovery on Count II until Count I is resolved. (DE # 25.) Pursuant to
28 U.S.C. § 636(b)(1)(B) & (C), FED. R. CIV. P. 72(b), and LOCAL RULE 72-1(b), the court
referred this discovery-related motion to United States Magistrate Judge Susan L.
Collins for a report and recommendation on the disposition of defendant’s motion.
(DE # 32.)
In the report and recommendation, Magistrate Judge Collins recommended that
the court deny defendant’s motion, but also recommended that defendant be allowed
“to raise the bifurcation issue again after the close of discovery and ruling
on dispositive motions if discovery reveals proof of actual prejudice that [defendant]
will suffer.” (DE # 33 at 10-11.) No objections to Magistrate Judge Collins’s report and
recommendation have been filed, and the time to file any objections has now passed.
Fed. R. Civ. Pro. 72(b)(2). Therefore, the court accepts and adopts Magistrate Judge

Collins’s report and recommendation and hereby orders that defendants’ motion (DE
# 25) be DENIED. Defendant is free to raise the bifurcation issue again as set out in the
report and recommendation.
SO ORDERED.
Date: July 14, 2015
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT