Mayo et al v. GMAC Mortgage LLC

Filing 271

ORDER denying 269 motion to stay briefing schedule. Signed on 8/10/11 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MICHAEL D. MAYO,

)
)
Plaintiff,
)
)
v.
)
)
UBS REAL ESTATE SECURITIES, INC.
)
and DEUTSCHE BANK NATIONAL TRUST )
COMPANY (in its capacity as trustee of
)
the MASTR SPECIALIZED LOAN
)
TRUST 2007-01),
)
)
Defendants.
)

No. 08-00568-CV-W-DGK

ORDER DENYING MOTION TO STAY BRIEFING SCHEDULE
Before the Court is Defendant UBS Real Estate Securities, Inc.’s Motion to Stay Briefing
Schedule (doc. 269), which Defendant Deutsche Bank National Trust Company in its capacity as a
trustee of the MASTR Specialized Loan Trust 2007-01 has joined.
Defendants request that the Court stay the briefing concerning the Washington v.
Countrywide Home Loans decision until that decision becomes final, noting that a party may seek a
rehearing from the panel or rehearing en banc.
Assuming for the sake of argument that a party does seek a rehearing, there is uncertainty
whether such a request would be granted. The Court also notes this case is almost three years old, a
fact which also weighs against issuing a stay. The motion is DENIED.
IT IS SO ORDERED.
DATE: August 10, 2011

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT