Kerrigan et al v. VISALUS, INC. et al

Filing 167

ORDER on Status Conference. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY KERRIGAN et al.,
Plaintiffs,

Case No. 14-cv-12693
Hon. Matthew F. Leitman

v.
VISALUS, INC. et al.,
Defendants.
_________________________________________________________________/
ORDER ON STATUS CONFERENCE
On April 10, 2017, the Court held a telephonic status conference with counsel
for all parties.

As discussed during the status conference, IT IS HEREBY

ORDERED AS FOLLOWS:
 Any Defendant wishing to file a motion to dismiss Plaintiffs’ Third Amended
Complaint under Federal Rule of Civil Procedure 12(b)(6) shall, by no later
than May 10, 2017, participate in a substantive meet and confer with
Plaintiffs.

During this meet and confer, Defendants shall identify for

Plaintiffs all grounds under which they plan to seek dismissal of Plaintiffs’
claims and explain the bases for those grounds.
 If, in connection with the meet and confer, Plaintiffs do not agree to dismiss
or further amend their claims to Defendants’ satisfaction, any Defendant may
file a motion to dismiss Plaintiffs’ Third Amended Complaint under Federal
1 

Rule of Civil Procedure 12(b)(6) by no later than June 16, 2017.
 No Defendant need file an Answer to the Third Amended Complaint until
further order of the Court.
 While the parties are engaged in the meet and confer and briefing process,
Plaintiffs may notice and take the deposition of four identified promoter
Defendants. If, at some point in the future after Plaintiffs complete these
depositions, the Defendants represented by The Miller Law Firm wish to
depose those promoter Defendants, they may do so telephonically (or seek
leave from the Court to take the depositions in person).
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 10, 2017
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on April 10, 2017, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

2