1347 Property Insurance Holdings Inc v. Foley & Lardner LLP

Filing 16

ORDER signed by Judge J.P. Stadtmueller on 4/4/2017 GRANTING 15 Plaintiff's Motion to Stay Defendant's Motion to Dismiss and to Conduct Limited Discovery. Plaintiff permitted to conduct limited discovery on jurisdiction issues raised in Defendant's Motion to Dismiss (Docket #12). Plaintiff's response to Defendant's Motion due by 5/15/2017. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
1347 PROPERTY INSURANCE
HOLDINGS INC.,
Plaintiff,

Case No. 16-CV-1726-JPS

v.
FOLEY & LARDNER LLP,

ORDER
Defendant.
On March 10, 2017, Defendant filed a motion to dismiss this action for
lack of subject matter, specifically diversity, jurisdiction. (Docket #12).
Therein, Defendant argues that both Plaintiff and one of Defendant’s partners
are citizens of Florida, destroying diversity. See (Docket #14). On March 31,
2017, the day its response to the motion was due, Plaintiff filed a motion to
stay Defendant’s motion so that it might conduct limited discovery into the
matter. (Docket #15). The Court will grant Plaintiff’s motion and reset its
response due date to May 15, 2017. The Court further notes that, if the
information Plaintiff obtains shows that Defendant’s position is correct, it
should promptly submit its non-opposition to Defendant’s motion or
otherwise stipulate to dismissal of this matter.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to stay and conduct limited
discovery (Docket #15) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that Plaintiff shall be permitted to
conduct limited discovery on the jurisdiction issue raised in Defendant’s
motion to dismiss; and

IT IS FURTHER ORDERED that Plaintiff’s response to Defendant’s
motion to dismiss shall be due on or before May 15, 2017.
Dated at Milwaukee, Wisconsin, this 4th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

Page 2 of 2