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Bank of New York Mellon v. Smith

United States District Court, Seventh Circuit

December 2, 2013

THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as Trustee for the Certificate Holders of the CWABS, Inc. Asset-Backed Certificates, Series 2004-14, Plaintiff,
v.
RONALD SMITH a/k/a RONALD E. SMITH, HOLISHOR ASSOCIATION, INC., COUNTRYWIDE HOME LOANS, INC. f/k/a AMERICA'S WHOLESALE LENDER, CITIBANK, N.A. f/k/a CITIBANK (SOUTH DAKOTA), N.A., UNITED STATES OF AMERICA, STATE OF ILLINOIS, UNKNOWN OWNERS-TENANTS, and RECORD CLAIMANTS Defendants.

ORDER

DAVID R. HERNDON, Chief District Judge.

In its order dated September 25, 2013, the Court ordered the parties to notify the Court of their progress regarding Brenda Swinton's deposition (Doc. 46). On November 22, 2013, plaintiff The Bank of New York Mellon ("BNY Mellon") notified the Court that the deposition of Ms. Swinton has not yet taken place and that, after communication with the United States of America ("USA"), no deposition is currently scheduled (Doc. 49).

The intent of the Court's prior order was to allow the USA time to depose Ms. Swinton. Therefore, the Court ORDERS the USA to depose Ms. Swinton, and provide the Court with notice thereof, on or by January 31, 2014. Failure to comply with this order may result in judgment entered in favor of plaintiff BNY Mellon.

IT IS SO ORDERED.


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