Sneath v. GMAC Mortgage et al

Filing 56

ORDER Granting 44 Motion to Stay Discovery Pending Ruling on Various Motions. Signed by Magistrate Judge George Foley, Jr on 7/27/10. (Copies have been distributed pursuant to the NEF - ASB)

Sneath v. GMAC Mortgage et al

Doc. 56

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter is before the Court on Defendants GMAC Mortgage, LLC and Executive Trustee Services' Motion for Stay of Discovery Proceedings Pending Disposition of Motion to Dismiss (#44), filed June 29, 2010; Plaintiff's Opposition to Motion for Stay of Discovery Proceedings Pending Disposition of Motion to Dismiss (#50), filed July 12, 2010; and Defendants' Reply in Support of Motion for Stay of Discovery Proceedings Pending Disposition of Motion to Dismiss (#52), filed July 19, 2010. Defendants request that the Court stay proceedings pending resolution of the following motions: Plaintiff's Motion for a Preliminary Injunction (#8), Defendants' Countermotion to Dismiss under Fed.R.Civ.P. 12(b)(6) (#18), Defendants' Motion to Dismiss for Lack of Standing (#23), Defendant Capital One's Joinder to Motions to Dismiss (#36), Joint Motion for Hearing on Dispositive Motions (#41), and Defendant's Motion to Expunge Lis Pendens or in the Alternative Motion to Expunge Fugitive Document (#43). The parties should first and foremost be focused on the two pending dispositive motions. If one or both of the motions were to be granted, then discovery in this case would become moot. On the other hand, if one or both of the motions were denied, the delay in proceeding with discovery would be of little impact. Accordingly, BRUCE SNEATH, II, ) ) Plaintiff, ) ) vs. ) ) GMAC MORTGAGE, et. al., ) ) Defendant. ) __________________________________________)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case No. 2:09-cv-01521-KJD-GWF ORDER

Dockets.Justia.com

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IT IS HEREBY ORDERED that Defendants GMAC Mortgage, LLC and Executive Trustee Services' Motion for Stay of Discovery Proceedings Pending Disposition of Motion to Dismiss (#44) is grante d. Discovery proceedings are stayed pending the Court's determination of the following motions: 1. 2. 3. 4. 5. 6. Plaintiff's Motion for a Preliminary Injunction (#8); Defendants' Countermotion to Dismiss under Fed.R.Civ.P. 12(b)(6) (#18); Defendants' Motion to Dismiss for Lack of Standing (#23); Defendant Capital One's Joinder to Motions to Dismiss (#36); Joint Motion for Hearing on Dispositive Motions (#41); and Defendant's Motion to Expunge Lis Pendens or in the Alternative Motion to Expunge Fugitive Document (#43). DATED this 27th day of July, 2010.

______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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