Coleman v. American Home Mortgage Servicing, Inc. et al

Filing 112

ORDER that the Court Clerk will update the docket to reflect Defendant Homeward Residential, Inc., formerly known as American Home Mortgage Servicing, Inc. FURTHER ORDERED that 106 Proposed Discovery Plan/Scheduling Order is DENIED. FURTHER ORDER ED that that the Joint Pretrial is due on or before September 13, 2013, which is 30 days after the date set for filing of dispositive motions. FURTHER ORDERED that 103 Plaintiff's Opposition to Defendant's Interim Status Report is DENIED. Signed by Magistrate Judge Cam Ferenbach on 8/29/13. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 ANTHONY COLEMAN, 7 8 9 10 11 12 vs. AMERICAN HOME MORTGAGE SERVICING,INC.; POWER DEFAULT SERVICES, INC.; SERVICE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; AMERICAN HOME MORTGAGE ACCEPTANCE INC.; and DOES 1-25, 15 ORDER Defendants. 13 14 2:11-cv-00178-GMN-VCF Plaintiff, Before the Court is Anthony Coleman v. American Home Mortgage Servicing, Inc., et al., case no. 2:11-cv-00178-GMN-VCF. 16 On May 20, 2013, Defendants filed an Interim Status Report. (#101). On May 29, 2013, 17 Plaintiff filed his Interim Status Report and Opposition to Defendant’s Interim Status Report. (#’s 102 18 & 103). Defendants filed a response to Plaintiff’s Opposition to Defendant’s Interim Status Report. 19 (#104). Plaintiff filed a proposed Discovery Plan and Scheduling Order on July 19, 2013. (#106). The 20 Court held a hearing on the Plaintiff’s Opposition to Defendant’s Interim Status Report and Discovery 21 Plan and Scheduling Order. (#110). 22 informed the Court that American Home Mortgage Servicing, Inc. has changes its name to Homeward 23 Residential, Inc. The Court heard representations from the parties. Defendants 24 Plaintiff’s Opposition to Defendant’s Interim Status Report does not contain any legal authority. 25 Local Rule 26-3 requires the parties to submit an Interim Status Report, in which, they must advise 1 whether the need for trial will be eliminated or affected by substantive motions. Defendant’s Interim 2 Status Report is in compliance with Local Rule 26-3. 3 Accordingly, 4 IT IS HEREBY ORDERED that the Court Clerk will update the docket to reflect Defendant 5 6 7 Homeward Residential, Inc., formerly known as American Home Mortgage Servicing, Inc. IT IS FURTHER ORDERED that the proposed Discovery Plan and Scheduling Order (#106) is DENIED. 8 IT IS FURTHER ORDERED that the Joint Pretrial is due on or before September 13, 2013, 9 which is 30 days after the date set for filing of dispositive motions. In the event dispositive motions are 10 filed, the date for filing the Joint Pre-trial Order must be suspended until 30 days after the decision on 11 the dispositive motions or further order of the Court. 12 13 14 IT IS FURTHER ORDERED that Plaintiff’s Opposition to Defendant’s Interim Status Report (#103) is DENIED. DATED this 29th day of August, 2013. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 2

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