Filed: Mar. 05, 2012
Latest Update: Mar. 05, 2012
Summary: STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER THEREON MORRISON C. ENGLAND, Jr., District Judge. TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Tru
Summary: STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER THEREON MORRISON C. ENGLAND, Jr., District Judge. TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trus..
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STIPULATION TO EXTEND PRE-TRIAL DEADLINES; ORDER THEREON
MORRISON C. ENGLAND, Jr., District Judge.
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
This Stipulation is made pursuant to Federal Rules of Court Rule 16(b)(4), Local Civil Rules of Court Rule 83-143 and the Scheduling Order Section XIII, and is made by and between Plaintiff BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association, as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A Mortgage Loan Asset-Backed Certificates ("BOA"), Defendant GMAC MORTGAGE, LLC ("GMAC"), and Defendant DOE 1, UNITED STATES OF AMERICA ("US"), by and through their respective counsel of record herein. The parties stipulate and hereby seek the Court to continue all pre-trial dates currently set forth in the Scheduling Order based on good cause and agreement of the parties.
WHEREAS, BOA, GMAC and US are currently the only active, non-defaulted, parties in the action; and
WHEREAS, BOA, GMAC and US are currently seeking to resolve this matter without further Court intervention by way of a Mediation to occur by April 30, 2012; and
WHEREAS, GMAC has requested the continuance of the hearing on the Motion for Summary Judgment to the proposed Dispositive Motion hearing date of September 11, 2012; and
WHEREAS, the Trial Date of February 4, — as currently set forth in the Scheduling Order, will remain the same; and
WHEREAS, all other dates not specifically set forth below shall remain as previously set by the Court on October 26, 2011; and
WHEREAS, the parties wish to re-open discovery and extend the discovery cut-off deadline to a date closer to the February 4, — trial date to allow the parties to continue their exploration of facts and issues in this matter, including information attained only after the passage of the current discovery cut-off date; and
WHEREAS, there was one prior stipulation and request for modification of the scheduling order of all other dates except for trial, and one stipulation briefly extending the discovery cut-off deadline, all prior to the Court's most recent order continuing the trial date to February 4, —; and
WHEREAS, the stipulation and request will not prejudice the parties;
NOW THEREFORE, good cause exists to modify the Scheduling Order relating to all pre-trial dates, except the trial date, as follows:
Discovery Cut-Off Deadline............. June 28, 2012
(Old Date: September 29, 2011)
Expert Witness Disclosure.............. July 12, 2012
(Old Date: November 4, 2011)
Dispositive Motion Filing Deadline..... July 26, 2012
(Old Date: January 12, 2012)
Opposition Filing Deadline...... August 16, 2012
(Old Date: February 2, 2012)
Reply Filing Deadline........... August 30, 2012
(Old Date: February 16, 2012)
Hearing on Dispositive Motion....September 11, 2012 at 2:00 p.m.
(Old Date: March 8, 2012)
NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the foregoing modification.
*** ORDER ***
Pursuant to the parties' stipulation, the Court adopts the deadlines proposed above with the exception of the proposed September 11, 2012 hearing on Defendants' summary judgment motion. Because that date is not an available civil motion date on the Court's calendar, the hearing will be set for September 20, 2012 at 2:00 p.m., the next available date after September 11, 2012. Moreover, Defendant's currently pending Motion for Summary Judgment (ECF No. 40) is DENIED at this point, without prejudice, with permission granted to refile the motion at a later time for hearing not later than September 20, 2012.
IT IS SO ORDERED.
