CitiMortgage, Inc. v. MDGGG Trust

Filing 89

ORDER that the parties shall initiate a Rule 26(f) conference within 30 days of the date of this order. The parties shall submit to the court a proposed discovery plan within 14 days thereafter. FURTHER ORDERED that the clerk shall lift the stay in the instant case. Signed by Judge James C. Mahan on 12/6/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 CITIMORTGAGE, INC., 8 Plaintiff(s), 9 10 Case No. 2:15-CV-154 JCM (VCF) ORDER v. MDGGG TRUST, 11 Defendant(s). 12 13 14 Presently before the court is the matter of CitiMortgage, Inc. v. MDGGG Trust, case no. 2:15-cv-00154-JCM-VCF. 15 On February 12, 2018, the court stayed this action pending termination of defendant Alessi 16 & Koenig’s (“A & K”) bankruptcy proceedings. However, on February 23, 2018, A & K filed a 17 notice informing the court that it is no longer required to participate in these proceedings pursuant 18 to an order of the United States Bankruptcy Court. (ECF No. 83). 19 On October 31, 2018, the court ordered plaintiff CitiMortgage, Inc. (“plaintiff”) to show 20 cause why A & K should not be dismissed from this action in light of A & K’s notice. (ECF No. 21 85). In its response to the court’s order to show cause, plaintiff informed the court that it had 22 voluntarily dismissed A & K, and “[a]s such, the case can now proceed on CitiMortgage’s 23 remaining unjust enrichment claim. . .” (ECF No. 88 at 2). 24 Accordingly, plaintiff proposed that the remaining parties hold a Rule 26(f) conference 25 “within 30 days” and submit a proposed discovery plan “within 14 days after the conference.” Id. 26 See Fed. R. Civ. P. 26(f). 27 ... 28 ... James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED that the parties shall initiate a Rule 26(f) conference within 3 thirty (30) days of the date of this order. The parties shall submit to the court a proposed discovery 4 plan within fourteen (14) days thereafter. 5 IT IS FURTHER ORDERED that the clerk shall lift the stay in the instant case. 6 DATED December 6, 2018. 7 8 __________________________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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