Hobart Corporation et al v. Waste Management of Ohio, Inc. et al

Filing 113

ORDER Re: 111 Emergency Motion to Stay and 112 Response in Opposition to Motion. Plaintiffs are hereby ORDERED to file their full Brief in Oppositionon or before April 9, 2012; Defendant DP&L is ORDERED to file its Reply, if any, on or before April 12, 2012. Signed by Magistrate Judge Sharon L Ovington on 4/6/12. (cib1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
HOBART CORPORATION, et al.,
Plaintiffs,

:

WASTE MANAGEMENT OF
OHIO, INC., et al.,

Case No. 3:10cv00195

:

vs.

:

District Judge Walter Herbert Rice
Magistrate Judge Sharon L. Ovington

:
:

Defendants.
:

ORDER

This case is before the Court upon Defendant Dayton Power and Light Company’s
Emergency Motion to Stay Magistrate’s [sic] Decision and Entry Compelling Discovery
and Denying Motion to Quash Pending Resolution of Objections (Doc. #111) and
Plaintiffs’ Brief in Opposition (Doc. #112).
Given the emergency nature of Defendant DP&L’s Motion to Stay, Plaintiffs filed
their Brief in Opposition on the same day Defendant DP&L filed its Motion. Plaintiffs
characterize their response as a “short Brief in opposition to urge the Court to reject
DP&L’s improper and ill-timed motion for a stay.” (Doc. #112, PageID at 1117). And
“Plaintiffs hope the Court will not rule prematurely before receiving Plaintiffs[’] full brief
in opposition to DP&L’s objections to the Magistrate’s [sic] Decision and Entry, which

Plaintiffs plan to file on Monday, April 9, 2012.” (Doc. #112, PageID at 1117).
The deposition at issue is scheduled to occur on April 25, 2012. Because that date
is more than two weeks from now, sufficient time remains for additional briefing and for
the Court to consider and rule on Defendant DP&L’s Motion on an emergency basis –
i.e., before the deposition is scheduled to occur.
Accordingly, Plaintiffs are hereby ORDERED to file their full Brief in Opposition
on or before April 9, 2012; Defendant DP&L is ORDERED to file its Reply, if any, on
or before April 12, 2012.

April 6, 2012
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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