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Thrane v. Litton Loan Services LP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


November 8, 2010

BRIAN E. THRANE AND JOANN THRANE-CARLEY, PLAINTIFFS,
v.
LITTON LOAN SERVICES LP AND FRANKLIN FIRST FINANCIAL, LTD., DEFENDANTS.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

Before the court is defendant Franklin First Financial, Ltd.'s ("Franklin First") letter application dated October 28, 2010, seeking to compel the plaintiffs to respond to (i) the First Request for Production of Documents, dated April 29, 2009, (ii) the Second Request for Production of Documents, dated October 4, 2010, and (iii) automatic Rule 26 disclosures. To date, the plaintiffs have not responded to any of the discovery requests nor have they submitted opposition to this motion.*fn1 Accordingly, the defendant Franklin First's motion is granted. By November 15, 2010, the plaintiff shall respond to all outstanding discovery demands as well as serve automatic Rule 26 disclosures. Failure to comply with this order may result in the imposition of sanctions including a recommendation that this case be dismissed for failure to prosecute.

The parties are reminded that all discovery, inclusive of expert discovery, must be completed by December 6, 2010. Any party planning on making a dispositive motion shall take the first step in the motion process by December 20, 2010. A final conference will be held on December 29, 2010 at 11:00 a.m. The parties are directed to electronically file a proposed joint pretrial order prior to the final conference.

SO ORDERED.

ARLENE R. LINDSAY United States Magistrate Judge


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