Green et al v. Jim Walter Homes et al

Filing 60

ORDER dismissing as moot 46 , 57 Motion to Compel. Signed by Magistrate Judge Kaymani D West on 4/18/2012.(mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Natasha L. Green and Shilon L. Green,
Plaintiffs,
vs.
Jim Walter Home Company, LLC,
Walter Mortgage Company, LLC, and
James Owen,

Defendants.

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C/A No. 4:11-cv-02437-RBH-KDW

ORDER

This matter is before the court on Plaintiffs’ Motion to Compel, ECF Nos. 46 and 57.
All pretrial proceedings in this case were referred to the undersigned pursuant to the
provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 73.02(B)(2)(e), D.S.C.
In Plaintiff’s first Motion to Compel, they ask that the court compel Defendants to
produce documents requested through discovery and to assist in scheduling depositions. ECF
No. 46. In their second Motion to Compel, Plaintiffs indicate they will be unable to complete
discovery by the existing May 21, 2012 deadline. ECF No. 57.
Contemporaneously with this order, the undersigned has issued a Report and
Recommendation (R&R) considering Defendants’ dispositive motions and Plaintiffs’
responses to those motions and recommending the court dismiss Plaintiffs’ suit in its entirety.
Pending the district judge’s ruling on this R&R, the current deadlines set forth in the court’s
Conference and Scheduling Order (ECF No. 31) are suspended. Accordingly, Plaintiffs’
motions (ECF Nos. 46, 57) are dismissed as moot. Should further discovery be required after

the district court’s ruling, the court will issue an amended scheduling order, and the parties
may file or refile discovery motions.
IT IS SO ORDERED.

April 18, 2012
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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