Alvarez et al v. PNC Bank National Association et al

Filing 37

ORDER granting 13 Motion to Stay and 19 Motion to Stay. Signed by Magistrate Judge James E. Gates on 8/31/2015. Parties are reminded to read the order in its entirety for critical deadlines and information. (Romine, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION 7:15-CV-121-BO SOFIA ALVEREZ and GINA DEAL, ) ) Plaintiffs, ) ) v. ) ) PNC BANK, NATIONAL ASSOCIATION, ) d/b/a PNC MORTGAGE; FEDERAL ) NATIONAL MORTGAGE ASSOCIATION; ) and TRUSTEE SERVICES OF CAROLINA, ) LLC, in its Capacity as Substitute Trustee, ) ) Defendants. ) ORDER Before the court are the motions by defendants PNC Bank, N.A. and Federal National Mortgage Association (D.E. 13) and defendant Trustee Services of Carolina, LLC (D.E. 19) (collectively “defendants”) to stay discovery pending resolution of their motions to dismiss (D.E. 25 and 27, 1 respectively) for failure to state a claim upon which relief can be granted. Defendants contend that resolution of the dismissal motions may obviate discovery and that deferral of discovery until after such resolution would preserve the court’s and the parties’ time and other resources. Plaintiffs Sophia Alvarez and Gina Deal have not filed a response to the motions and the time for doing so has expired. The court finds that defendants have shown good cause for the stay requested. The motion to stay is therefore ALLOWED, and all discovery in this case, including the convening of a Fed. R. Civ. P. Rule 26(f) conference and filing of a discovery plan, is STAYED pending entry 1 Defendants’ motions are directed to plaintiffs’ amended complaint (D.E. 21). Defendants had previously filed dismissal motions (D.E. 11, 17) in response to plaintiffs’ original complaint (D.E. 1-1). of the order disposing of the motions to dismiss. The parties shall file a discovery plan within 14 days after such entry if at the time one or more claims remain. SO ORDERED, this 31st day of August 2015. _________________________ James E. Gates United States Magistrate Judge 2

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