PLS Investments, LLC v. Ocwen Loan Servicing, LLC et al

Filing 49

ORDER denying as moot 46 Defendants' Motion to Strike Plaintiff's Designated Expert Witness. Susan McMinn is no longer designated as an expert witness in this action. Signed by Magistrate Judge David Keesler on 9/1/16. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-139-DCK
PLS INVESTMENTS, LLC,
Plaintiff,
v.
OCWEN LOAN SERVICING, LLC; HSBC
BANK USA, NATIONAL ASSOCIATION, as
Trustee For Fremont Home Trust 2004-B
Asset Backed Certificates, Series 2004-B; and
REAL HOME SERVICES AND
SOLUTIONS, INC.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Defendants’ Motion To Strike
Plaintiff’s Designated Expert Witness” (Document No. 46) filed August 22, 2016. The parties
have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate
review of this motion is appropriate. Having carefully considered the motion and the record, the
undersigned will deny the motion as moot.
In short, Defendants’ pending motion requests that the Court enter an Order striking Susan
McMinn as an expert witness for Plaintiff PLS Investments, LLC. (Document No. 46, p.4). The
pending motion does not appear to indicate whether the parties consulted as required by Local
Rule 7.1 (B). However, Plaintiff filed a “Withdrawal Of Expert Witness Designation” (Document
No. 48) on September 1, 2016, stating that Plaintiff “withdraws its designation of Susan McMinn
as an expert witness in this action.” As such, it appears that the pending motion is now moot.

IT IS, THEREFORE, ORDERED that “Defendants’ Motion To Strike Plaintiff’s
Designated Expert Witness” (Document No. 46) is DENIED AS MOOT. Susan McMinn is no
longer designated as an expert witness in this action. See (Document No. 48)
SO ORDERED.

Signed: September 1, 2016

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