Lemley et al v. Midwest Automation, Inc. et al

Filing 132

Order entered and as set out, the undersigned will delay the entry of a briefing schedule for the various Motions to Dismiss as referenced, until after a ruling on the Motion to Remand.. Signed by Magistrate Judge Sonja F. Bivins on 2/18/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES LEMLEY, et al., Plaintiffs, vs. MIDWEST AUTOMATION, INC., et al., Defendants. * * * * * * * * * * ORDER This matter is before the Court on review of the case file. Pending before the court are Defendant Black and Decker's Motion to Dismiss and Memorandum in Support (Docs. 25, 26), and Plaintiffs James and Tammy Lemley's Motion to Remand (Doc. 32). Defendants Irwin

CIVIL ACTION 08-00738-KD-B

Robert Bosch Tool Corporation, WMH Tool Group, Inc.,

Industrial Tool Company, 3M Company, Midwest Automation, Inc., Midwest Group One and Orma Midwest have all filed motions to join in Black and Decker's Motion to Dismiss. (Docs. 30, 52, 62, 73 and 131). Also pending before the Court is Defendant Nordfab Products, Inc.'s Motion to Dismiss, or in the Alternative, For More Definite Statement and Memorandum in Support (Docs. 78, 79), and the motions of Defendants Irwin Tool Company, Black and Decker,

Pentair, Inc.,

Masco Builder Cabinet Group, Legacy Cabinets, Inc.

and Masco Retail Cabinet Group to join in Nordfab Product's Motion to Dismiss. (Docs. 91, 101, 105, 107, 109, and 111). In addition,

Defendant Elmwood Kitchens' Motion for More Definite Statement and

Memorandum in Support (Docs. 84, 85), and the motions of Defendants Hood Industries, Inc., Legacy Cabinets, Inc., and Irwin Industrial Tool Company to join in Defendant Elmwood Kitchens' Motion for More Definite Statement are pending as well. (Docs. 88, 91, 102). Defendant Pentair, Inc. has also filed a Memorandum in Support. (Doc. 65). Motion to Dismiss and

After a careful review of the above-referenced motions, and the case file, the undersigned has determined that the issues raised in Plaintiff's Motion to Remand must be resolved before the Court takes up the issues presented in Defendants' various Motions to Dismiss because if Plaintiff's motion is granted, the Court would be deprived of jurisdiction over this action. Accordingly,

in the interest of judicial economy, the undersigned will delay the entry of a briefing schedule for the various Motions to Dismiss, until after a ruling on the Motion to Remand. DONE this 18th day of February, 2009. /s/ Sonja F. Bivins UNITED STATES MAGISTRATE JUDGE

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