TURNER et al v. EXPERIAN INFORMATION SOLUTIONS INC et al

Filing 72

ORDER AFFIRMING ORDER OF MAGISTRATE JUDGE re: 70 Appeal from Magistrate Judge Decision to District Court By JUDGE D. BROCK HORNBY. (mjlt)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JEFF TURNER AND
TANYA TURNER,
PLAINTIFFS
v.
EXPERIAN INFORMATION
SOLUTIONS, INC. AND
HSBC MORTGAGE SERVICES,
INC.,
DEFENDANTS

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NO. 1:13-CV-10-DBH

ORDER AFFIRMING ORDER OF MAGISTRATE JUDGE
The defendant HSBC Mortgage Services, Inc.’s objections to the
Magistrate Judge’s August 5, 2013 Order are OVERRULED and the decision of
the Magistrate Judge is AFFIRMED on the basis that the rulings on the motion
to seal and on the motion for discovery are neither clearly erroneous nor
contrary to law.
With respect to the motion for discovery, I observe that the issue is
whether the plaintiffs should be allowed discovery before the defendant HSBC’s
summary judgment motion is entertained. The ruling is proper. Whether the
defendant or the plaintiffs is/are correct on the substantive law remains to be
seen.
The defendant would have been well advised to listen to the Magistrate
Judge’s advice at the Rule 56(h) conference.
SO ORDERED.
DATED THIS 3RD DAY OF SEPTEMBER, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE