Sealy et al v. Ocwen Mortgage Servicing, Inc. et al

Filing 19

ORDER that parties shall file a Notice on or before 1/6/2017 identifying mediator and mediation date & provide explanation & show cause why sanctions should not issue for not following the Court's 11/28/16 Order.. Signed by Magistrate Judge David Keesler on 01/03/2017. (ttl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-143-MOC-DCK
MICHAEL L. SEALY and SHELLY N. SEALY,

)
)
Plaintiffs,
)
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v.
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)
FAY SERVICING, LLC; OCWEN MORTGAGE )
SERVICING, INC.; and CHRISTIANA TRUST, )
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Defendants.
)
)

ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding the status of the case
and the parties’ compliance with the Court’s most recent “Order” (Document No. 18). This case
has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
immediate review is appropriate.
On November 28, 2016, the undersigned ordered that “the parties shall file a Notice
identifying their chosen mediator and mediation date, on or before December 15, 2016.”
(Document No. 18, p.5). In addition, that Order “respectfully advised” Plaintiffs “that failure to
abide by this Order or the Rules of this Court, and/or Plaintiffs’ continued dilatory conduct, may lead
to additional sanctions including dismissal of this lawsuit.” (Document No. 18, p.4).
To date, neither party has filed a Notice as ordered by the Court, and the time to do so has
lapsed.

IT IS, THEREFORE, ORDERED that the parties shall file a Notice, jointly if possible,
on or before January 6, 2017 that identifies their chosen mediator and mediation date.

IT IS FURTHER ORDERED that the parties’ Notice(s) shall provide an explanation for
why the Court’s previous Order was not followed, and SHOW CAUSE why sanctions should not
issue against both parties and/or their counsel.
SO ORDERED.
Signed: January 3, 2017

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