Harkey v. US Bank et al

Filing 167

ORDER the filing of the discovery plan and scheduling order in this action is stayed pending a decision on the pending motions. Status Report due by 1/5/2015. Signed by Magistrate Judge George Foley, Jr on 9/24/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL HARKEY,

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Plaintiff,
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vs.
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US NATIONAL BANK, et al.,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-00177-RFB-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Stay Computer-Generated Order

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Setting Deadline for Filing Fed.R.Civ.P. 26(f) Discovery Plan (#131), filed on September 3, 2014.

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Defendants MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems, Inc.

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(“MERS Defendants”) filed a Qualified Joinder (#166) to Plaintiff’s motion for stay on September

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22, 2014.

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Plaintiff requests that the Court stay the filing of a discovery plan and scheduling order, and

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therefore the commencement of discovery, until the Court rules on pending motions to set aside the

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defaults of certain defendants. Plaintiff asserts that until those motions are decided, it is unknown

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which defendants will be litigating this case. The MERS Defendants do not oppose the stay, but

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request that the stay remain in effect until the Court decides their pending motion to dismiss.

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The Court having reviewed the docket in this case and finding good cause therefore,

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IT IS HEREBY ORDERED that the filing of the discovery plan and scheduling order in

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this action is stayed pending a decision on the motions to set aside defaults, petitions for permission

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to practice in this action, and defendants’ motion(s) to dismiss identified by the following docket

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numbers: 38, 39, 64, 65, 97, 103, 105, 109, 127, 128, 129, 130, 137, 138, 156, and 159.

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IT IS FURTHER ORDERED that the stay shall automatically lift upon the Court entering

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a decision on the foregoing motions and petitions. If necessary, the parties shall file a proposed

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discovery plan and scheduling order within 10 days of the decision on the Defendants’ motion(s) to

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dismiss. In order to assist the Court in keeping track of this action, the parties shall file a status

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report regarding the foregoing motion and the need for the continuance of the stay on or before

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January 5, 2015.

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DATED this 24th day of September, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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