Also, responses may be deferred one time for 30 days if the parties joint certify to the court that they are seeking to settle the case and have a good faith belief that it will be resolved in 30 days of the date when their responses are due. Moreover, the MIDP clearly states that the only time discovery will be stayed is if the motion to dismiss is based on jurisdictional grounds or the district court permits discovery not to proceed. Judge Coleman did not excuse compliance with the Mandatory Initial Discovery Project. MINUTE entry before the Honorable Jeffrey Cole: The defendants have filed a motion to dismiss for failure to state a cause of action. In the event that the defendant files a motion under Federal Rule of Civil Procedure 12(b), the defendant is granted leave to notice that motion for presentment at the date and time of the status hearing. The Court encourages the parties to review this court's website for its standing orders prior to contacting chambers.
The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The parties are to file a joint status report in the format described on the courts website at at least 3 business days prior to the status.
The parties are directed to meet and discuss the status of the case. The parties are reminded that responsive pleadings must comply with section A(3) of this Court's Standing Order Regarding the Mandatory Initial Discovery Pilot Project. Response to defendant Checkers Drive-in Restaurants' motion to dismiss 5 is due by reply due by. Plaintiff's motion to set briefing schedule 10 is granted. MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on.
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