Rodriguez v. Safe Couriers and Delivery Services, Inc.

Filing 83

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 7/19/2011:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LUIS ENRIQUE RODRIGUEZ, etc.,
Plaintiff,
v.
SAFE COURIERS AND DELIVERY
SERVICES, INC., et al.,
Defendants.

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No.

09 C 371

MEMORANDUM ORDER
Defendants have just tendered a motion to dismiss one of the
opt-in plaintiffs in this Fair Labor Standards Act lawsuit,
coupling the motion with a notice of its proposed presentment on
August 10.

This memorandum order does not address the substance of

that motion, something that will be left to plaintiffs’ counsel.
Instead defense counsel’s attention is drawn to this District
Court’s LR 5.3(b), which requires that a motion’s presentment date
must not go beyond 14 days after its delivery to the court (in this
instance that would mean an August 1 outside date for presentment).
Instead of requiring defense counsel to appear on August 10,
then, this Court orders plaintiffs’ counsel to file a response to
the motion (or alternatively an agreement to the dismissal of Ryan
Nelson as a plaintiff) on or before July 26, 2011.

This Court will

then deal with the issue promptly.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

July 19, 2011