Mellentine et al v. Ameriquest Mortgage Company et al

Filing 87

ORDER re: 77 MOTION to Quash MOTION for Protective Order filed by Orlans Associates, P.C., 83 MOTION to Compel MOTION for Contempt MOTION for Costs MOTION to Expedite MOTION for Order MOTION for Sanctions filed by Debra Mellentine, Andrew Mellentine., ORDER Setting Hearing on Motion 77 MOTION to Quash MOTION for Protective Order , 83 MOTION for Order MOTION for Sanctions :( Motion Hearing set for 7/10/2013 10:00 AM before Magistrate Judge R. Steven Whalen) Signed by Magistrate Judge R. Steven Whalen. (MWil)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANDREW MELLENTINE and
DEBRA MELLENTINE,
Plaintiffs,

No. 11-11358

v.

District Judge Sean F. Cox
Magistrate Judge R. Steven Whalen

AMERIQUEST MORTGAGE COMPANY,
ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiffs’ Motion to Compel Discovery and to Extend
Discovery Time [Doc. #83]. This Motion is related to Defendant Orlans Associates,
P.C.’s Motion to Quash Subpoenas and for Protective Order [Doc. #77].
Oral argument on Motion #77 was originally scheduled for July 30, 2013 [Doc.
#80]. However, because discovery was scheduled to close on July 15, 2013, the Court
withdrew the Notice of Hearing, with the intention of deciding Motion #77 on the written
pleadings. Subsequently, Plaintiffs filed the present Motion #83, which was referred to
the undersigned Magistrate Judge on July 2, 2013 [Doc. #84]. Defendant Orlans
Associates, P.C. filed a response to Plaintiffs’ Motion #83 on July 5, 2013. Given the
contentious nature of these proceedings, it is anticipated that Plaintiffs will file a reply
brief.
On reviewing the pleadings and exhibits filed in both Motion #77 and Motion #83,
the Court is now of the opinion that oral argument would be most helpful to the resolution
of these issues. Being mindful of the impending discovery cut-off, I will therefore
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GRANT IN PART Plaintiffs’ Motion to Compel Discovery and to Extend Discovery
Time [Doc. #83], to the extent that discovery cut-off will extended as requested. The
remainder of this Motion will be TAKEN UNDER ADVISEMENT pending oral
argument.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Compel Discovery and
to Extend Discovery Time [Doc. #83] is GRANTED IN PART, to the extent that the
discovery cut-off date is extended to AUGUST 25, 2013.
IT IS FURTHER ORDERED that the remainder of Plaintiffs’ Motion [Doc. #83]
is TAKEN UNDER ADVISEMENT pending oral argument.
IT IS FURTHER ORDERED that oral argument on both Plaintiffs’ Motion to
Compel [Doc. #83] and Defendant’s Motion for Protective Order [Doc. #77] will be held
before United States Magistrate Judge R. Steven Whalen at the following time and place:
JULY 18, 2013, @ 10:00 A.M.
Courtroom 662, Theodore Levin U.S. Courthouse
Detroit, MI 48226

Dated: July 10, 2013

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record on
July 10, 2013, electronically and/or by U.S. Mail.
s/Michael Williams
Relief Case Manager for the
Honorable R. Steven Whalen

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