Commission Receivables Fund 1, LLC v. McIlwain et al

Filing 27

ORDER - The defendants requested leave to file an amended motion to dismiss and there was no objection by the plaintiff. The amended motion to dismiss shall be filed by September 6, 2011. The plaintiff requested leave to take a deposition prior to fi ling a response to the amended motion to dismiss. There was no objection to the request. Accordingly, the plaintiff shall have until October 21, 2011, to respond to the amended motion to dismiss, which time will include any time to take the requeste d deposition. The defendants shall have ten working days thereafter to file any reply. Five working days following the court's ruling on the defendants' amended motion to dismiss, the plaintiff's counsel shall initiate a telephone planning conference with the court and all counsel of record in order to progress the case to trial. (Deadlines/Hearings terminated.) Ordered by Magistrate Judge Thomas D. Thalken. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COMMISSION RECEIVABLES
FUND 1, LLC,
Plaintiff,
vs.
TOMMIE E. MCILWAIN, SR., et al.,
Defendants.

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8:11CV131
ORDER

This matter is before the court following a telephone planning conference with
counsel on August 31, 2011. The plaintiff was represented by Thomas M. Rowen and the
defendants were represented by Robert W. Mullin. The defendants requested leave to file
an amended motion to dismiss and there was no objection by the plaintiff. The amended
motion to dismiss shall be filed by September 6, 2011. The plaintiff requested leave to
take a deposition prior to filing a response to the amended motion to dismiss. There was
no objection to the request. Accordingly, the plaintiff shall have until October 21, 2011,
to respond to the amended motion to dismiss, which time will include any time to take the
requested deposition. The defendants shall have ten working days thereafter to file any
reply. Five working days following the court’s ruling on the defendants’ amended motion
to dismiss, the plaintiff’s counsel shall initiate a telephone planning conference with the
court and all counsel of record in order to progress the case to trial.

IT IS SO ORDERED.

DATED this 1st day of September, 2011.
BY THE COURT:

s/Thomas D. Thalken
United States Magistrate Judge