Schwaninger v. Hyundai Motor Company et al

Filing 160

MEMORANDUM AND ORDER, The Court GRANTS the motion to withdraw (Doc. 159). To achieve the result expressed by Hyundai Mobis in that motion, the Court DIRECTS the Clerk of Court to STRIKE Hyundai Mobis's pending motion to dismiss (Doc. 107) and OR DERS that Hyundai Mobis shall have up to and including December 16, 2016, to refile its motion to dismiss omitting the personal jurisdiction argument but including the statute of limitations and sufficiency of the pleading arguments. Signed by Judge J. Phil Gilbert on 11/29/2016. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JANET SCHWANINGER, Plaintiff, v. Case No. 15-cv-858-JPG-RJD HYUNDAI MOTOR COMPANY, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on a letter to the Court dated November 23, 2016 (Doc. 159), which the Court construes as a motion to withdraw portions of the pending motion to dismiss filed by defendant Hyundai Mobis Co., Ltd. (“Hyundai Mobis”). In the letter, Hyundai Mobis informs the Court that it wishes to withdraw the argument that it is not subject to the Court’s jurisdiction, although it wishes to maintain its statute of limitations and sufficiency of the pleading arguments contained in the motion to dismiss. The Court GRANTS the motion to withdraw (Doc. 159). To achieve the result expressed by Hyundai Mobis in that motion, the Court DIRECTS the Clerk of Court to STRIKE Hyundai Mobis’s pending motion to dismiss (Doc. 107) and ORDERS that Hyundai Mobis shall have up to and including December 16, 2016, to refile its motion to dismiss omitting the personal jurisdiction argument but including the statute of limitations and sufficiency of the pleading arguments. The briefing schedule for the newly filed motion shall comply with the deadlines set forth in Local Rule 7.1(c). T IS SO ORDERED. DATED: November 29, 2016 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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