Avila v. Federal National Mortgage Association

Filing 23

ORDER Granting in Part 20 Motion to Strike Complaint or Alternatively to Stay Discovery Pending a Ruling on Defendants Motion to Dismiss. Hearing in this matter currently set for October 7, 2013 at 10:30 A.M. is hereby vacated. Signed by Magistrate Judge George Foley, Jr on 10/4/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 SAMUEL V. AVILA, ) ) Plaintiff, ) ) vs. ) ) FEDERAL NATIONAL MORTGAGE ) ASSOCIATION, ) ) Defendant. ) __________________________________________) Case No. 2:13-cv-00569-GMN-GWF ORDER 14 This matter is before the Court on Defendant’s Motion to Strike Complaint or Alternatively 15 to Stay Discovery Pending a Ruling on Defendant’s Motion to Dismiss (#20), filed on September 9, 16 2013. Plaintiff did not file a response to this motion. Based on the fact that Defendant’s Motion 17 to Dismiss (#5), which has been fully briefed, is awaiting decision by the Court, Plaintiff’s non- 18 opposition to the instant motion, and good cause appearing therefor, 19 IT IS HEREBY ORDERED that Defendant’s Motion to Strike Complaint or Alternatively 20 to Stay Discovery Pending a Ruling on Defendant’s Motion to Dismiss (#20) is granted, in part, as 21 follows: Discovery in this action is hereby stayed pending the decision on Defendant’s Motion to 22 Dismiss (#5). 23 24 25 IT IS FURTHER ORDERED that the hearing in this matter currently set for October 7, 2013 at 10:30 A.M. is hereby vacated. DATED this 4th day of October, 2013. 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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