Movement Mortgage LLC v. Summit Funding, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:23-CV-633-RJC-DCK
THIS MATTER IS BEFORE THE COURT on “Movement Mortgage’s Motion To
Compel” (Document No. 82) filed by Plaintiff on June 26, 2024. This motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate.
By the pending motion, Plaintiff Movement Mortgage LLC (“Plaintiff” or “Movement”)
seeks to compel Defendants to supplement their written discovery responses, produce all
documents responsive to Plaintiff’s requests, and provide a privilege log for those documents not
produced pursuant to claims of privilege. (Document No. 82, p. 1).
The undersigned notes that on September 3, 2024, Plaintiff filed a letter indicating that
counsel for Defendants Matt Schoolfield, Chris Shelton, Linda Plymale, Heather Frye, and Josh
Covett (collectively, the “Individual Defendants”) “agreed to produce responsive documents and
written responses on or before September 20, 2024.” (Document No. 106). Plaintiff requested
that the Court hold its ruling on the pending Motion To Compel in abeyance for forty-five (45)
days, “so as to provide the Parties with sufficient time to resolve the subject of the Motion To
Compel.” Id.
MOVEMENT MORTGAGE LLC, )
)
Plaintiff, ) ORDER
)
v. )
)
SUMMIT FUNDING, INC., et al., )
)
Defendants. )
)
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Subsequently, counsel for both the Individual Defendants and for Plaintiff represented to
the Court that the Individual Defendants’ production of responsive documents and discovery
responses is ongoing. Counsel for Plaintiff has requested additional time to assess the
completeness of the Individual Defendants’ production and to advise the Court if the subject of
the pending Motion To Compel has been fully resolved.
IT IS, THEREFORE, ORDERED that the parties shall file a Status Report regarding this
discovery dispute, jointly if possible, or a Notice Of Withdrawal of the pending “…Motion To
Compel” (Document No. 82), on or before November 12, 2024.
SO ORDERED.
Signed: October 24, 2024
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