United Seating & Mobility, LLC v. Elliott, et al.
ORDER denying 7 Motion to Dismiss for Failure to State a Claim; denying 7 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge J. Frederick Motz on 7/14/2017. (Attachments: # 1 Tenative Scheduling Order, # 2 Letter to Counsel) (kw2s, Deputy Clerk)
UNITED STATES DISTRICT
DISTRICT OF MARYLAND
101 WEST LO~IIlARD STREET
BALTIMORE. MARYLAND 21201
(4 I0) 962-2698 FAX
J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE
MEMO TO COUNSEL RE: United Seating & Mobility v. Martin Elliott, et al.
Civil No. JFM-17-1 055
I have reviewed the memoranda submitted in connection with defendants' motion to
dismiss (document 7). The motion is denied. I agree with plaintiff that the parties to a contract
cannot displace through a choice of law provision the application of a federal statute in its
mandate for subject matter jurisdiction in federal court.
A conference call will be held on July 27. 2017 at 4:30 p.m. to discuss the
appropriate schedule in this case. I ask counsel for plaintiff to initiate the call.
Enclosed is a tentative scheduling order with approximate dates for your infonnation.
Please consult with one another before the call and be prepared to discuss whether you would
like to participate in a settlement conference either before or after the completion of discovery,
any changes to the dates in the form scheduling order, and whether there is unanimous consent to
proceed before a U.S. Magistrate Judge for all proceedings.
Also enclosed is a letter regarding a call-in hour program for the resolution of discovery
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,
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J. Frederick Motz
United States District Judge
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