Brotz v. Simm Associates, Inc.

Filing 45

ORDER granting in part and denying in part 44 Joint Motion to Stay. The case is hereby STAYED pending the outcome of mediation between the parties. If the parties reach a settlement, prompt notice shall be provided in accordance with Local Rule 3.08. The parties shall advise the Court of the outcome of the mediation no later than September 11, 2018. The Clerk of Court is DIRECTED to terminate any pending motions. Should the parties fail to resolve this matter through mediation, Defendant may file with the Court a notice to reinstate its Motion to Dismiss. Signed by Judge Paul G. Byron on 6/25/2018. (JRJ)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JOYCE LORRAINE BROTZ, Plaintiff, v. Case No: 6:17-cv-1603-Orl-40TBS SIMM ASSOCIATES, INC., Defendant. / ORDER This cause comes before the Court for consideration of the parties’ Joint Motion to Stay Proceedings Pending Mediation (Doc. 44), filed June 21, 2018. Plaintiff Joyce Brotz filed the operative putative class action complaint on March 12, 2018. (Doc. 24 (“Complaint”)). On March 26, 2018, Defendant Simms Associates, Inc. filed a Motion to Dismiss. (Doc. 25). That motion is currently pending before the Court. In the instant motion, the parties advise that they have scheduled a mediation for August 28, 2018, and stipulate to a stay of this matter pending the outcome of the mediation. (Doc. 44). Upon consideration, it is ORDERED as follows: 1. The Joint Motion to Stay Proceedings Pending Mediation (Doc. 44) is GRANTED IN PART and DENIED IN PART. 2. This case is hereby STAYED pending the outcome of mediation between the parties. 3. If the parties reach a settlement, prompt notice shall be provided in accordance with Local Rule 3.08. The parties shall advise the Court of the outcome of the mediation no later than September 11, 2018 4. The Clerk of Court is DIRECTED to TERMINATE any pending motions. Should the parties fail to resolve this matter through mediation, Defendant may file with the Court a notice to reinstate its Motion to Dismiss. DONE AND ORDERED in Orlando, Florida on June 25, 2018. Copies furnished to: Counsel of Record Unrepresented Parties 2

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