Gateway Fashion Mall, LLC v. Fettig et al

Filing 22

ORDER: Parties are to submit a revised scheduling and discovery plan in Case No. 1:09-cv-037 by 6/15/2010. The parties are also to advise the court of their position re dismissal of Case No. 1:09-cv-057. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION JAJ Ventures, A North Dakota Corporation, ) ) ) Plaintiff, ) ) vs. ) Case No. 1:09-cv-037 ) Raymond Arjmand and Gateway ) Fashion Mall, LLC, ) ) Defendants. ) ) Gateway Fashion Mall, LLC, ) ) Third-Party Plaintiff, ) vs. ) ) Matt Hill, individually and d/b/a ) ORDER Gelato d'Italia by Prairie Peddler, ) ) Third-Party Defendant. ) ____________________________________) ) Gateway Fashion Mall, LLC, a ) Delaware limited liability company, ) ) Plaintiff, ) ) v. ) Case No. 1:09-cv-057 ) Jay Fettig et. al., ) ) Defendants. ) ______________________________________________________________________________ The court convened a scheduling conference in Case No. 1:09-cv-037 on June 4, 2010. Pursuant to the court's discussions with the parties, the court ORDERS as follows: 1. The parties are to submit to the court by June 15, 2010, a revised scheduling and 1

discovery plan in Case No. 1:09-cv-037. 2. The parties are to advise the court of their position regarding the consolidation of the above-entitled actions or, in the alternative, the dismissal of Case No. 1:09-cv-057. 3. The parties are to advise the court whether or not they voluntarily waive their right to proceed before a district judge and consent to have a magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment. Dated this 8th day of June, 2010. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr. United States Magistrate Judge

2