Order | Filed: August 26, 2026
| Entered: August 26, 2026
Hakim v. FCI Lender Services, Inc. et al
Real Property: Other | New York Eastern
Order(Other)
ORDER: Discovery is stayed. In evaluating whether to stay discovery, courts typically consider: (1) whether the Defendant has made a strong showing that the Plaintiff's claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay. Palladino v. JPMorgan Chase & Co., 345 F.R.D. 270, 273 (E.D.N.Y. 2024), affd, 730 F. Supp. 3d 4 (E.D.N.Y. 2004) (citations omitted). Here, all three factors point towards granting a stay of discovery.
First, Defendants made substantial arguments for a motion to dismiss. Defendants Michelle C. Marans, Esq., Frenkel Lambert Weisman & Gordon, LLP, and SLG Assets argue that Plaintiff do not allege those defendants are servicers that would render those defendants subject to the Real Estate Settlement Procedures Act (RESPA). Dkt. Nos. 27 -3; 29 -3. FCI Lender Services, Inc. argues that the Complaint identifies no concrete, post-violation loss that a compliant response would have avoided. Dkt. No. 28 -3.
Second, the breadth of discovery and burden of responding to it are substantial. Plaintiff seeks broad discovery, including, inter alia, the inspection of the original, wet-ink promissory note, the complete chain of custody for the note and mortgage, complete life-of-loan accounting from origination to present, complete servicing logs, internal notes, and communications, complete escrow history and escrow advance records, all reinstatement agreements or documents showing reinstatement activity, all communications among the defendants, all documents to calculate arrears and fees, etc. Dkt. No. 32 .
Last, there is no unfair prejudice to the party opposing the stay because this case is still in its early stages. Palladino, 345 F.R.D. at 275 (citation omitted). Therefore, discovery is stayed pending the decision on the motions to dismiss at Dkt. Nos. 27 - 29 . Ordered by Magistrate Judge Joseph A. Marutollo on 8/26/2026. (KY)