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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?