D'Jamoos et al v. Atlas Aircraft Center, Inc. et al

Filing 47

ORDER denying without prejudice 32 motion to dismiss. So Ordered by Chief Judge Steven J. McAuliffe. (lag) Modified on 2/5/2009 to removed /// (vln).

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Theresa D'Jamoos, as Executrix of the Estate of Dawn Weingeroff, et al., Plaintiffs v. Atlas Aircraft Center, Inc. and Pilatus Aircraft, Ltd., Defendants ORDER Civil No. 08-cv-108-SM

A motion to dismiss for lack of personal jurisdiction was filed in this case. Plaintiff responded that limited discovery

relative to jurisdictional facts was necessary before the issue could be adequately addressed. That discovery was allowed, and a The parties

response to the motion was due on February 27, 2009.

have since filed an assented-to motion for additional time to complete the limited discovery until March 23, 2009, and the time for filing a response to April 23, 2009. granted that motion, which is fine. The Magistrate Judge

But the motion is not ripe

and will not be ripe until after April 23, 2009 (assuming no further delays). There is no reason to maintain this aged motion

on the docket as if it could be resolved when in reality it cannot, and, as the Administrative Office maintains arcane accounting methods that would be distorted by carrying this motion beyond March 31, 2009, as one that could have been but was

not timely resolved, the motion (document no. 32) is hereby denied, without prejudice to renewing it following completion of jurisdictional discovery, if based upon the results of that discovery, it can be refiled in good faith. SO ORDERED.

____________________________ Steven J. McAuliffe Chief Judge February 2, 2009 cc: Jeffrey Baltruzak Julie L. Belanger, Esq. Bruce J. Berman, Esq. Mark B. Decof Patrick T. Jones, Esq. William J. Katt, Esq. Howard B. Klein, Esq. Garry R. Lane, Esq. Michael P. Lehman, Esq. Danial A. Nelson, Esq. Jeffrey A. Rossman, Esq. Peter J. Schneider, Esq. Anthony Tarricone, Esq. Thomas R. Watson, Esq. Corey J. Wright

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