Opinion
3:19-cv-00241-MMD-CSD
04-22-2022
WELLS FARGO BANK, N.A., AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2007-5 ASSET-BACKED CERTIFICATES, SERIES 2007-5, Plaintiff, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Defendant.
WRIGHT, FINLAY & ZAK, LLP Lindsay D. Dragon, Esq. Nevada Bar No. 13474 Attorneys for Plaintiff, Wells Fargo Bank, N.A., As Trustee for Option One MortgageLoan Trust 2007-5 Asset-Backed Certificates, Series 2007-5 EARLY SULLIVAN WRIGHT GIZER & McRAE LLP Sophia S. Lau, Esq. Nevada Bar No. 13365 Attorney for Defendant, Fidelity National Title Insurance Company
WRIGHT, FINLAY & ZAK, LLP Lindsay D. Dragon, Esq. Nevada Bar No. 13474 Attorneys for Plaintiff, Wells Fargo Bank, N.A., As Trustee for Option One MortgageLoan Trust 2007-5 Asset-Backed Certificates, Series 2007-5
EARLY SULLIVAN WRIGHT GIZER & McRAE LLP Sophia S. Lau, Esq. Nevada Bar No. 13365 Attorney for Defendant, Fidelity National Title Insurance Company
ORDER GRANTING STIPULATION AND ORDER TO STAY DISCOVERY PENDING MOTION TO DISMISS [ECF No. 26]
Plaintiff, Wells Fargo Bank, N.A., As Trustee for Option One Mortgage Loan Trust 20075 Asset-Backed Certificates, Series 2007-5 (“Wells Fargo”) and Defendant, Fidelity National Title Insurance Company (“Fidelity” and with Wells Fargo, the “Parties”), by and through their counsel of record, hereby stipulate and agree as follows:
WHEREAS, on December 17, 2021, Wells Fargo filed its First Amended Complaint in the instant action [ECF No. 25];
WHEREAS, on December 23, 2021, Fidelity filed its Motion to Dismiss Wells Fargo's First Amended Complaint [ECF No. 26];
WHEREAS, the Motion to Dismiss has been fully briefed and is pending the Court's decision [ECF Nos. 29, 31];
NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate and agree as follows:
1. In the interests of judicial economy, the Parties stipulate and agree that discovery in this case shall be STAYED pending the Court's decision on Fidelity's Motion to Dismiss Wells Fargo's Amended Complaint [ECF No. 26];
2. The Scheduling Order [ECF No. 38] is hereby VACATED;
3. Nothing contained in this stipulation will affect any pending dispositive motions or prevent the Parties from filing any dispositive motions.
4. Each of the Parties may request a further Fed R. Civ. P. 26(f) conference at any time 180 days after the order granting this Stipulation.
5. By entering into this Stipulation, none of the Parties is waiving its right to subsequently move the Court for an order lifting the stay in this action.
6. In the event the Motion to Dismiss is denied, the Parties will submit a proposed discovery plan within thirty (30) days of the Court's Order.
IT IS SO STIPULATED.
IT IS SO ORDERED.