Poisson et al v. Wells Fargo Bank, N.A.

Filing 13

ORDER denying without prejudice 4 Motion to Dismiss for Failure to State a Claim; granting 11 Motion for Discovery. Defendants to produce documents to plaintiffs as outlined on or before September 13, 2013. Plaintiffs to show cause re summary judgment as outlined by September 27, 2013. So Ordered by Chief Judge Joseph N. Laplante.(jb)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Frederick Poisson and Virginia Poisson v. Civil No. 13-cv-211-JL Wells Fargo Bank, N.A. O R D E R The defendant’s motion to dismiss (document no. 4) is DENIED without prejudice, and the plaintiffs’ motion for discovery (document no. 11) is GRANTED. On or before September 13, 2013, the defendant shall produce to the plaintiffs (a) its loan file for the plaintiffs’ loan and (b) all e-mail correspondence between Kevin Laws and Barbara Lumbra, including any attachments to that correspondence. The deadline for the plaintiffs to show cause why summary judgment should not be entered for the defendant for the reasons identified in this court’s order of June 26, 2013 is extended to September 27, 2013. As outlined in that order, any written memorandum accompanying the plaintiffs’ filing shall not exceed ten (10) pages (exclusive of exhibits). The defendant may submit a written response within fourteen (14) days of the plaintiffs’ submission; that response also shall not exceed ten (10) pages (again, exclusive of any exhibits). SO ORDERED. Joseph N. Laplante United States District Judge Dated: cc: July 31, 2013 Jeremey A. Miller, Esq. Samuel J. Donlon, Esq. Michael R. Stanley, Esq. 2

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