Broadcast Music, Inc. et al v. Cadillacs Northstar Grille, LLC et al

Filing 51

ORDER denying without prejudice 33 Plaintiffs' Motion for Summary Judgment Against Defendant Schulman and Default Judgment Against Cadillac Northstar Grille, LLC (Written Opinion). Signed by Judge Susan Richard Nelson on 12/20/16. (MJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Broadcast Music, Inc.; et al.,

Civil No. 15-CV-3440 (SRN/LIB)

Plaintiffs,
ORDER
v.
Cadillac’s Northstar Grille, LLC,
d/b/a Cadillac’s Northstar Grille,
et al.,
Defendants.

Emily M. Wessels, Linda Nguyen, and William D. Schultz, Merchant & Gould, PC, 80
South Eighth Street, Suite 3200, Minneapolis, Minnesota 55402, for Plaintiffs.
Jeffer Ali, Carlson Caspers Vandenburgh Lindquist & Schuman, PA, 225 South Sixth
Street, Suite 4200, Minneapolis, Minnesota 55402, for Defendants.
_____________________________________________________________________
SUSAN RICHARD NELSON, United States District Court Judge
On November 10, 2016, Defendants obtained pro bono legal representation in this
matter through the Federal Bar Association’s Pro Se Project. (Notice of Appearance [Doc.
No. 31].) On November 23, 2016, Plaintiffs filed their Motion for Summary Judgment
Against Defendant Schulman and Default Judgment Against Cadillac Northstar Grille,
LLC [Doc. No. 33], currently scheduled to be heard before this Court on March 31, 2017
[Doc. No. 43].
Also on November 23, Defendants’ counsel, Jeffer Ali, expressed concerns to
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Magistrate Judge Leo I. Brisbois about the approaching discovery deadline of December 1,
2016, given that Defendants had only recently obtained Mr. Ali’s representation. (Defs.’
Letter of 11/23/16 [Doc. No. 40].) Plaintiffs responded, expressing their opposition to any
modification to the pretrial scheduling order. (Pls.’ Letter of 11/23/16 [Doc. No. 41].)
The magistrate judge then directed the parties to submit letter briefing on the question of
whether or not an amended scheduling order should issue [Doc. No. 42].
The parties submitted their respective positions [Doc. Nos. 44 & 46], and on
December 16, 2016, Magistrate Judge Brisbois issued an amended scheduling order. (Am.
Pretrial Sched. Order [Doc. No. 50].) The Amended Pretrial Scheduling Order provides a
June 30, 2017 deadline for the completion of all discovery. (Id. at 2.) Any dispositive
motions are also to be scheduled by the same date. (Id. at 5.) In addition, the order
provides that the parties should attempt to schedule dispositive motions after the
completion of all discovery. (Id. at 5 n.5.) All dispositive motions are to be scheduled for
the same hearing. (Id.) Also in the amended order, Magistrate Judge Brisbois observed
that Plaintiffs’ summary judgment and default judgment motion is scheduled for hearing
before the undersigned judge on March 31, 2017. (Id. at 6 n.6.) He deferred to the
undersigned judge regarding the effect of the Amended Pretrial Scheduling Order on the
March 31 hearing date. (Id.)
Prior to the issuance of the Amended Pretrial Scheduling Order, Mr. Ali informed
this Court that the parties’ efforts at settlement had proven to be unsuccessful. (Defs.’
Letter of 11/30/16 at 1 [Doc. No. 45].) Because the possible modification of the
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scheduling order was then under consideration by the magistrate judge, Defendants’
counsel requested that the deadline for Defendants to file their responsive memorandum in
opposition to Plaintiffs’ dispositive motions be held in abeyance. (Id. at 2.)
In light of the fact that Defendants’ counsel has not had sufficient opportunity to
engage in discovery and because new deadlines remain in place pursuant to the Amended
Pretrial Scheduling Order, the Court denies without prejudice Plaintiffs’ Motion for
Summary Judgment Against Defendant Schulman and Default Judgment Against Cadillac
Northstar Grille, LLC. Finally, pursuant to the Amended Pretrial Scheduling Order, the
parties are scheduled to appear before Magistrate Judge Brisbois for a settlement
conference on January 30, 2017, at 9:30 a.m., in Courtroom 3, Gerald W. Heaney Federal
Building and U.S. Courthouse, 515 W. First St., Duluth, Minnesota.
THEREFORE, IT IS HEREBY ORDER THAT
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Plaintiffs’ Motion for Summary Judgment Against Defendant Schulman and
Default Judgment Against Cadillac Northstar Grille, LLC [Doc. No. 33] is
DENIED WITHOUT PREJUDICE.

Dated: December 20, 2016
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Court Judge

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