Days v. Bayview Loan Servicing, LLC ( 2020 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:18-cv-00440-MOC-DSC PASHEENA DAYS ) WESLEY E. DAYS, ) ) Plaintiffs, ) ) Vs. ) ORDER ) BAYVIEW LOAN SERVICING LLC et al., ) ) ) ) ) ) ) Defendants. ) THIS MATTER is before the Court on plaintiffs’ pro se Motion for Summary Judgment. (Doc. No. 103). Plaintiffs submitted a brief in support of their pro se Motion for Summary Judgment. (Doc. No. 104). Review of that Motion and the Responses filed in opposition to such motion clearly show that it is premature as the issues have not joined and discovery has not been had, all of which prevent a determination of whether genuine issues of material fact remain for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Harrods Ltd. V. Sixty Internet Domain Names, 302 F.3d 214, 244 (4th Cir. 2002). Having considered plaintiffs’ motion and reviewed the pleadings, the court enters the following Order. -1- ORDER IT IS, THEREFORE, ORDERED that plaintiffs’ Motion for Summary Judgment (Doc. No. 103) is DENIED without prejudice. Signed: December 21, 2020 EBL evr Max O. Cogburn i & United States District Judge Felgen 2.