Abelmann et al v. SmartLease USA, LLC

Filing 130

ORDER adopting the parties' 128 Stipulation and granting plaintiffs' 124 MOTION for Leave to File Amended and Supplemental Pleadings. Dispositive Motions due by 8/14/2019. Final Pretrial Conference REset for 11/26/2019 at 2:00 PM by telephone before Magistrate Judge Charles S. Miller Jr. Jury Trial REset for 12/9/2019 at 9:00 AM in Bismarck Eagle Courtroom before Magistrate Judge Charles S. Miller Jr. (9 days). By Magistrate Judge Charles S. Miller, Jr. (FPT and jury trial previously set for 9/23/2019 and 10/7/2019) (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Dan and Leanne Abelman,

)
)
Plaintiffs and Counterclaim )
Defendants,
)
)
vs.
)
)
SmartLease USA, LLC,
)
)
Defendant, Counterclaimant, )
and Third-Party Plaintiff,
)
)
Executing Housings Solutions, LLC, et al., )
)
Third-Party Defendants.
)

ORDER

Case No. 4:14-cv-040

On May 3, 2019, plaintiffs’ filed a Motion for Leave to Amend and Supplement Pleadings.
On May 28, 2019, the parties filed a Stipulation Consenting to Plaintiffs’ Proposed Second
Amended Complaint, Supplemental Complaint, and Demand for Jury Trial. The court held a status
conference with the parties by telephone that same day.
Pursuant to its discussions with the parties, the Court ADOPTS the parties’ stipulation (Doc.
No. 128) and GRANTS plaintiffs’ motion. (Doc. No. 124). Plaintiffs shall file and serve their
Second Amended Complaint, Supplemental Complaint, and Demand for Jury Trial no later than
June 28, 2019. Responsive pleadings are due 20 days following service of Plaintiffs’ amended and
supplemental complaint.
The pretrial deadlines are amended as follows. Dispositive motions are due by August 14,
2019. Upon service of a dispositive motion, the opposing party shall have twenty (20) days in which
to file a response. Upon service of a response, the moving party shall have ten (10) days in which

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to file a reply.
The final pretrial conference set September 23, 2019, shall be rescheduled for November 26,
2019, at 2:00 p.m. by telephone before the undersigned. The court shall initiate the conference call.
The jury trial set October 7, 2019, shall be rescheduled for December 9, 2019, at 9:00 a.m. A nine
(9) day trial is anticipated.
IT IS SO ORDERED.
Dated this 29th day of May, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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