Oakland,County of et al v. Federal National Mortgage Association et al

Filing 72

ORDER Regarding May 10, 2012 Status Conference and Granting 64 Motion to Amend/Correct; Granting 65 Motion for Certificate of Appealability and Denying Without Prejudice 66 Motion to Stay. Signed by District Judge Victoria A. Roberts. (LVer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OAKLAND COUNTY, ET AL., Plaintiffs, vs Case No: 11-12666 Honorable Victoria A. Roberts FEDERAL HOUSING FINANCE AGENCY AS CONSERVATOR FOR FEDERAL NATIONAL MORTGAGE ASSOCIATION AND FEDERAL HOME LOAN MORTGAGE COMPANY; FEDERAL NATIONAL MORTGAGE ASSOCIATION; AND FEDERAL HOME LOAN MORTGAGE COMPANY, Defendants. ________________________________/ ORDER REGARDING MAY 10, 2012, STATUS CONFERENCE On Thursday, May 10, 2012, the Court held a phone status conference to discuss three pending motions: (1) Plaintiffs’ Motion to Amend Complaint; (2) Defendants’ Motion to Certify the March 23, 2012 Order for Interlocutory Appellate Review Under 28 U.S.C. § 1292(b); and (3) Defendants’ Motion to Stay Proceedings Pending the Court’s Ruling on Defendants’ Motion for § 1292(b) Certification and Completion of Any Resulting Activity in the Court of Appeals. Pursuant to the Court’s discussion with the parties, IT IS ORDERED that: 1. Plaintiff’s Motion to Amend the Complaint is GRANTED. The Court notes that Defendants do not object to it. However, Defendants must not file new dispositive motions at this time. 2. Defendants’ Motion for Certificate of Appealability is GRANTED. The 1 Court will amend the March 23, 2012 Order to include the language set forth in Defendants’ Motion. 3. Defendants’ Motion to Stay is DENIED WITHOUT PREJUDICE. By May 25, 2012, Defendants must submit in writing an explanation of how they store their sales data in various counties. They must also explain the process by which a judgment against them would be handled in the event the Enterprises go into receivership. By that same date, Plaintiffs must submit a sample of the spreadsheets it is compiling to compute damages, as well as information regarding which counties use an outside contractor to compile and store data, and how data is compiled and stored in counties that do no use an outside contractor. Plaintiffs must also state who will be responsible for compiling the damage data for all counties. IT IS ORDERED. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: May 11, 2012 The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on May 11, 2012. S/Linda Vertriest Deputy Clerk 2

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