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New Penn Financial, LLC v. Riverwalk Ranch Master Homeowners Association, 2:17-cv-02167-APG-CWH. (2018)

Court: District Court, D. Nevada Number: infdco20180323f04 Visitors: 21
Filed: Mar. 22, 2018
Latest Update: Mar. 22, 2018
Summary: STIPULATION AND ORDER TO STAY DISCOVERY CARL W. HOFFMAN , Magistrate Judge . STIPULATION AND ORDER TO STAY DISCOVERY Plaintiff New Penn Financial, LLC dba Shellpoint Mortgage Servicing and Federal Home Loan Mortgage Corporation ( Shellpoint ) Riverwalk Homeowners Association ( HOA ) and Ricardo Fojas (collectively Defendants ), hereby stipulate and agree to stay all discovery pending the Court's ruling on Shellpoint's motion for summary judgement, [ECF No. 21]. Federal district courts ha
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STIPULATION AND ORDER TO STAY DISCOVERY

STIPULATION AND ORDER TO STAY DISCOVERY

Plaintiff New Penn Financial, LLC dba Shellpoint Mortgage Servicing and Federal Home Loan Mortgage Corporation (Shellpoint) Riverwalk Homeowners Association (HOA) and Ricardo Fojas (collectively Defendants), hereby stipulate and agree to stay all discovery pending the Court's ruling on Shellpoint's motion for summary judgement, [ECF No. 21]. Federal district courts have "wide discretion in controlling discovery." Little v. City of Seattle, 863 F.2d 681,685 (9th Cir.1988).

The pending motion raises purely legal issues that can be resolved without discovery. The resolution of the motion will control the issues and extent of discovery on all issues. If it is granted, it may result in possible settlement of the entire case.

As such, it is within the court's power to grant a stay of discovery at this time. This is the parties' first request for a stay of discovery, and is not intended to cause any delay or prejudice to any party. A trial date has not yet been set in this case.

Granting the stay of discovery while the motion for summary judgment based on the Federal Foreclosure Bar is pending will facilitate the orderly course of justice and enhance judicial economy. The outcome of Plaintiffs' motion for summary judgment will result in the resolution of the entire case. Without a stay of discovery, the parties will have to expend resources on discovery matters that the Ninth Circuit in Berezovsky and Elmer indicated was unnecessary. It is therefore appropriate for this Court to exercise its power to extend the stay of discovery at this time.

IT IS SO ORDERED.

Source:  Leagle

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