NetJets, Inc. et al v. Dichter

Filing 10

SCHEDULING ORDER granting 9 Motion a 30 day stay of litigation. Signed by Magistrate Judge Mark R. Abel on 4/11/2014. (Abel, Mark)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
NetJets, Inc., et al.,

:
Plaintiff

:
:

Kenneth Dichter,
Defendant

Judge Graham

:

v.

Civil Action 2:14-cv-00289

Magistrate Judge Abel

:

Scheduling Order
On April 4, 2014, counsel for the parties submitted this stipulated scheduling order
which is hereby ADOPTED by the court.
WHEREAS, on February 4, 2014, plaintiffs NetJets, Inc., NJ Executive Services, Inc.,
Marquis Jet Holdings, Inc., Marquis Jet Partners, Inc., and Executive Jet Management, Inc.
filed a complaint under seal against defendant Kenneth Dichter in the Court of Common
Pleas of Franklin County, Ohio;
WHEREAS, on March 28, 2014, defendant removed this action to the United States
District Court for the Southern District of Ohio, Eastern Division, pursuant to 28 U.S.C. §
1441(b);
WHEREAS, on March 28, 2014, this Court issued an order granting defendant’s
motion to maintain the complaint under seal and directed plaintiffs to file a redacted
version of the complaint within 14 days of that order;
WHEREAS, the deadline for responding to the complaint is April 4, 2014 pursuant
to Rule 81(c)(1)(C) of the Federal Rules of Civil Procedure;

WHEREAS, based on the parties’ desire to explore the resolution of their dispute
outside of litigation and to avoid the unnecessary expenditure of judicial resources, the
parties to this action have agreed, subject to this Court’s approval, to temporarily defer
prosecution – including responsive pleadings, motion practice, discovery, the filing of a
redacted complaint, and the conferences and discovery plan required by Rule 26(f) – in this
action until 30 days after the entry of this Order;
The parties stipulation, set out below, is accepted and ADOPTED by the court:
1. All proceedings – including responsive pleadings, motion practice, discovery, the
filing of a redacted complaint, and the conferences and discovery plan required by Rule
26(f) –are hereby deferred until 30 days after the entry of this Order.
2. Defendant must respond to the complaint within 30 days of the date on which the
temporary deferral of prosecution expires in accordance with paragraph 1.
3. In the event that defendant’s response to the complaint takes the form of a dispositive motion under Rule 12 of the Federal Rules of Civil Procedure, plaintiffs must file
any opposition to such motion within 30 days of the date on which the motion is filed.
4. In the event that defendant’s response to the complaint is accompanied or followed by a dispositive motion under Rule 56 of the Federal Rules of Civil Procedure, plaintiffs
will file any opposition to such motion within 30 days of the date on which defendant’s
Rule 56 motion is filed. If plaintiffs seek discovery under Rule 56(d) before responding to
the motion, counsel are DIRECTED to “consult one another and attempt to stipulate to an
agreed motion for extension of the schedule established by this Rule” and submit the proposed agreed scheduling order to the magistrate judge within 21 days after defendant’s

case-dispositive motion was filed. S.D. Ohio Civ. Rule 7.2(d). “ Failing agreement, counsel
should call my office (614.719.3370) within 21 days after defendant’s case-dispositive
motion was filed to schedule a telephone conference with me to resolve the parties’ dispute.
5. Defendant must file any reply to any opposition by plaintiffs within 20 days of the
date on which the opposition is filed.
6. The parties will submit a redacted version of the complaint pursuant to the
Court’s March 28, 2014 order within 14 days of the date on which the temporary deferral of
prosecution expires in accordance with paragraph 1.
7. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties will
contact this Court as soon as practicable after the temporary deferral of prosecution expires
in order to reschedule the preliminary pretrial conference, unless the Court otherwise sets
it on its own.
8. During the period in which the prosecution of this action is deferred pursuant to
the Order, the parties may jointly request that this Court extend the deferral period in order
to further pursue dispute resolution outside of litigation.
WHEREFORE, it is the ORDER of the court that (a) prosecution of this action is
deferred until 30 days after the entry of this Order; (b) defendant’s time to answer, move,
or otherwise respond to the complaint in this action is extended until 30 days after the
temporary deferral of prosecution expires in accordance with paragraph 1, above; (c)
briefing any dispositive motion under Rules 12 or 56 of the Federal Rules of Civil Procedures will proceed as described in paragraphs 2-5, above; (d) the parties’ time to submit a

redacted version of the complaint pursuant to the Court’s March 28, 2014 order is extended
until 14 days after the date on which the temporary deferral of prosecution expires in
accordance with paragraph 1, above; and (e) the parties’ time to confer and to submit a
discovery plan pursuant to Rule 26(f) of the Federal Rules of Civil Procedure is extended
until further order of the court.

s/Mark R. Abel
United States Magistrate Judge