Fenn v. City Commission of Truth or Consequences

Filing 8

ORDER by Chief Magistrate Judge Carmen E. Garza finding good cause to delay entry of an initial scheduling order. (crc)

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Case 2:21-cv-01089-MIS-CG Document 8 Filed 11/18/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO RONALD FENN, pro se, Petitioner/Plaintiff, v. No. CV 21-1089 MIS/CG CITY COMMISSION OF TRUTH OR CONSEQUENCES, Respondent/Defendant. ORDER DELAYING DISCOVERY SCHEDULE THIS MATTER is before the Court upon review of the record. Respondent removed this matter from state court on November 10, 2021, (Doc. 1), and then filed a Motion to Dismiss (the “Motion”), (Doc. 6), on November 17, 2021. The Motion seeks dismissal of Mr. Fenn’s petition in its entirety, pursuant to FED. R. CIV. P. 12(b)(6). Id. at 1; see also generally (Doc. 7). The Court therefore finds good cause under FED. R. CIV. P. 16 to delay conducting a scheduling conference and entering a scheduling order pending a ruling on the Motion. Should the parties agree that they wish to proceed with discovery in this matter, despite the pending Motion, the parties may request such. IT IS SO ORDERED. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE

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