HARDAWAY v. CROSS STATE MOVING et al

Filing 52

ORDER denying without prejudice 41 Motion to Dismiss. Signed by Magistrate Judge Deborah A. Robinson on 9/6/2016. (lcdar1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LENA HARDAWAY,
Plaintiff,
v.

Civil Action No. 14-405
RJL/DAR

CROSS STATE MOVING, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
This action was referred to the undersigned United States Magistrate Judge for full case
management. See Referral Order (Document No. 26). 1 Pending for consideration by the
undersigned is Defendant Dostekam’s Motion to Dismiss for lack of subject matter jurisdiction
and because the moving contract “waive[d] the Court’s jurisdiction in favor of arbitration.” See
Motion to Dismiss (Document No. 41) at 1. The assigned District Judge and the undersigned
Magistrate Judge have entered orders denying Plaintiff’s Motion to Recuse (Document No. 43).
See Order (Document No. 48); 05/09/2016 Minute Order. Plaintiff has appealed the
undersigned’s order denying her Motion to Recuse. See Notice of Interlocutory Appeal
(Document No. 50). Said appeal remains pending.
Upon consideration of the motion, the memoranda in support thereof and the opposition
thereto, and the entire record herein, including the pendency of the appeal, the undersigned will
deny Defendant Dostekam’s motion without prejudice. 2

1

The undersigned advised pro se Plaintiff of her obligations under the Federal Rules of Civil Procedure and the rules
of this Court, in accordance with the dictates of this Circuit. See Order (Document No. 38).

2

The undersigned is mindful that Local Civil Rules 72.2, 72.3, and 73.1 generally preclude the determination by a
Magistrate Judge of a motion to dismiss absent the consent of the parties. The undersigned finds, however, that
these rules do not preclude the denial of the pending motion without prejudice in the context of this case. Such
action is but an interim measure based on the pending appeal of this Court’s order denying Plaintiff’s Motion to

Hardaway v. Cross State Moving, et al.

2

It is therefore, this 6th day of September, 2016,
ORDERED that Defendant’s Motion to Dismiss (Document No. 41) is hereby DENIED
WITHOUT PREJUDICE.

/s/
DEBORAH A. ROBINSON
United States Magistrate Judge

Recuse. Should the Plaintiff prevail on her appeal, the undersigned would be precluded from consideration of the
merits of the Defendant’s motion.