United Seating & Mobility, LLC v. Elliott, et al.

Filing 10

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)

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND CHAMBERS 101 WEST LO~IIlARD STREET BALTIMORE. MARYLAND 21201 (410)962-0782 (4 I0) 962-2698 FAX OF J. FREDERICK MOTZ UNITED STATES DISTRICT JUDGE July 14,2017 MEMO TO COUNSEL RE: United Seating & Mobility v. Martin Elliott, et al. Civil No. JFM-17-1 055 Dear Counsel: 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 disagreements. Despite the informal nature of this letter, it should be flagged as an opinion and docketed as an order. Very truly yours, ~' 1-: _ ,0.' -. ::S-j N 0 e,> ~I!,' ~ DI-~: CL w'-" -.J ,c. \.t- -\-0::.." ll.-V) r.~/'> (.) o~. .t'.(JJ;""'" . In ~_., G:> :c ..:r IUi'JN'1c-- >f-w uW -['..: "~ ::E , .~ i! l~( 1-,0 , -.( l~~e:i \ -' ~l? --, u~ :::> = e-< I , 1 )- '-" J. Frederick Motz United States District Judge

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