David v. Alphin et al

Filing 165

ORDER denying 163 Motion to Stay. Plaintiffs are instructed to serve appropriate discovery requests promptly. Signed by Magistrate Judge Dennis Howell on 4/27/10. (gpb)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA C H A R L O T T E DIVISION 3 :0 7 cv 1 1 E L E N A M. DAVID; ARLEEN J. STACH; and V IC T O R M. HERNANDEZ, P l a i n t if f s V s. J . STEELE ALPHIN; AMY WOODS B R IN K L E Y ; EDWARD J. BROWN, III; CHARLES J. COOLEY; RICHARD M. D e M A R T I N I ; BARBARA J. DESOER; J A M E S H. HANCE; LIAM E. McGEE; E U G E N E M. McQUADE; ALVARO G. d e MOLINA; MICHAEL E. O'NEILL; O W E N G. SHELL, JR.; R. EUGENE T A Y L O R ; F. WILLIAM VANDIVER, JR.; B R A D F O R D H. WARNER; CHARLES W. C O K E R ; STEVEN JONES; KENNETH D. L E W IS ; BANK OF AMERICA C O R P O R A T IO N ; BANK OF AMERICA C O R P O R A T IO N CORPORATE B E N E F IT S COMMITTEE, D efen d a n ts. ________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

T H IS MATTER is before the court on defendants' "Motion to Continue Stay o f Discovery as to issues of Market Timing Involving Bank of America and its A ffiliated Mutual Funds Until May 7, 2010" (#163). Plaintiffs' have filed a timely r es p o n s e asserting strong arguments as to why the stay should not be continued a third
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tim e, including arguments that the information sought is relevant to affirmative d e f en s e s asserted by defendants, that matters before the MDL panel have not been reso lv ed as anticipated by defendants, and that discovery in this matter is coming to a close. Plaintiffs have presented the court with compelling arguments in its response. T h e court waited until April 26, 2010, to consider any Reply that defendants might h av e to such arguments. None was filed and defendants failed to file a Notice with th e court as required by Local Civil Rule 7.1(E). ORDER IT IS, THEREFORE, ORDERED that defendants' "Motion to Continue Stay o f Discovery as to issues of Market Timing Involving Bank of America and its A ffiliated Mutual Funds Until May 7, 2010" (#163) is DENIED, the STAY is L IF T E D , and plaintiffs are instructed to serve appropriate discovery requests p r o m p tly .

Signed: April 27, 2010

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