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)

UNITED STATES DISTRICT

COURT

DISTRICT OF MARYLAND
CHAMBERS

101 WEST LO~IIlARD STREET
BALTIMORE. MARYLAND 21201
[phone]
(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