Opinion
2:20-CV-02124-RFB-BNW
01-03-2022
BANK OF NEW YORK MELLON, Plaintiff, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant.
WRIGHT, FINLAY & ZAK DARREN T. BRENNER Attorneys for Plaintiff BANK OF NEW YORK MELLON SINCLAIR BRAUN LLP KEVIN S. SINCLAIR Attorneys for Defendant FIDELITY NATIONAL TITLE INSURANCE COMPANY
WRIGHT, FINLAY & ZAK DARREN T. BRENNER Attorneys for Plaintiff BANK OF NEW YORK MELLON
SINCLAIR BRAUN LLP KEVIN S. SINCLAIR Attorneys for Defendant FIDELITY NATIONAL TITLE INSURANCE COMPANY
STIPULATION TO STAY DISCOVERY AND TO VACATE THE SCHEDULING ORDER PENDING THE RESOLUTION OF FIDELITY'S MOTION TO DISMISS (ECF NO. 25)
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Plaintiff Bank of New York Mellon (“BONY”) and defendant Fidelity National Title Insurance Company (“Fidelity”) (collectively, the “Parties”), by and through their undersigned counsel, stipulate and agree as follows, subject to the approval of the District Court:
Whereas, BONY filed this action in the United States District Court on November 18, 2020 (ECF No. 1);
Whereas, BONY filed a first amended complaint on March 11, 2021 (ECF No. 19);
Whereas, On April 5, 2021, Fidelity moved to dismiss the first amended complaint based upon an argument that BONY breached the prompt notice provision of the subject title insurance policy (ECF No. 25);
Whereas, the parties agree that the interests of efficiency and judicial economy are best served by staying discovery in this case and vacating the scheduling order until the District Court resolves Fidelity's motion to dismiss.
NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate and agree as follows:
1. Discovery in the instant action shall immediately be STAYED.
2. The scheduling order previously entered in this action shall be hereby VACATED.
3. If the District Court denies Fidelity's motion to dismiss, then the parties shall submit a new scheduling order within 30 days of when the District Court issues that order.
ORDER
IT IS SO ORDERED.