Opinion
Case No. 2:10-cv-01699-RLH-PAL.
February 10, 2011
ORDER (Mot. For Stay — Dkt. #31)
Before the court is Defendants' Motion for Stay of Litigation and Discovery Proceedings Pending Determination on Pending Dispositive Motions (Dkt. #31). The court has considered the Motion (Dkt. #31) and Defendant Greenpoint Mortgage Funding, Inc.'s ("Greenpoint") Joinder (Dkt. #33). The Plaintiff did not file a response and the time for filing a response has run.
Defendants seek an order staying this case while the district judge decides pending dispositive motions. Defendant Greenpoint filed a Motion to Dismiss (Dkt. 17) December 6, 2010. Plaintiff filed a Motion for Partial Summary Judgment (Dkt. #21) December 9, 2010, and the Defendants Wells Fargo Home Loans, EMC Mortgage Corporation, and MERS filed a Counter Motion for Summary Judgment (Dkt. #30) January 7, 2011.
LR 7-2(d) states "The failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion." Additionally, the court has preliminarily reviewed the motions and agrees a stay of discovery is appropriate
Having reviewed and considered the matter, IT IS ORDERED that Defendants' Motion for Stay of Litigation and Discovery Proceedings Pending Determination on Pending Dispositive Motions (Dkt. #31) is GRANTED.
Dated this 10th day of February, 2011.