The opinion of the court was delivered by: Judge Hon. Maxine M. Chesney
CMS Filing Date: October 16, 2009
CMC Hearing Date: October 23, 2009
DEFENDANT'S UNOPPOSED EX PARTE APPLICATION TO VACATE ORDER REQUIRING FILING OF CASE MANAGEMENT STATEMENT AND VACATING DATE FOR CASE MANAGEMENT CONFERENCE AND ORDER THERON
Defendant, Reunion.com, Inc., by and through their counsel of record, hereby makes Ex Parte Application for an Order by this Court vacating its previous Order for the parties to file a Case Management Statement by this Friday, October 16, 2009 and for a further Order vacating the Case Management Conference currently scheduled for October 23, 2009.
Counsel for the parties have met and conferred and the undersigned represents that Plaintiffs' counsel do not oppose the instant Ex Parte Application, nor the relief sought herein.
The basis for the Ex Parte Application is that the Court currently has before it two fully briefed motions: (1) Defendant's Motion to Strike and for Involuntary Dismissal Pursuant to Rule 41(b), and (2) Defendant's Motion for Sanctions Pursuant to 28 U.S.C. § 1927, which were scheduled for hearing on September 25, 2009 at 9:00 AM. The Court took those Motions under submission without oral argument and the parties are awaiting this Court's decisions on both of said Motions.
Since these Motions are potentially dispositive to Plaintiffs' case and future actions of the parties, neither the Case Management Statement, nor the Case Management Hearing would, in all counsels' opinion, serve any useful purpose at this time. Based thereon, it is respectfully submitted that the relief requested herein be granted.
REUNION.COM, INC. By: Ronald J. Palmieri One of Its Attorneys
Having reviewed the file and the Unopposed Ex Parte Application and for good cause appearing, IT IS SO ORDERED that the Court hereby vacates its previous Order for the parties to file a Case Management Statement by Friday, October 16, 2009, and further vacates the Order that ...