Opinion
No. 3-09-0475.
November 18, 2010
ORDER
Pursuant to the order entered November 16, 2010 (Docket Entry No. 100), defendants Chris Blackwell and William Blackwell ("the Blackwell defendants") filed a notice to proceed with pending motion (Docket Entry No. 102), specifically notifying the Court that they want to pursue their pending motion to dismiss (Docket Entry No. 94) in its current form.
As addressed with counsel for the parties during the telephone conference call held on November 12, 2010, and as provided in the November 16, 2010, order, the Magistrate Judge cannot rule on the pending motion to dismiss by order since is it is dispositive matter. See Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1).
Therefore the Clerk is directed to forward the file in this case to the Honorable Thomas A. Wiseman, Jr. for his consideration of the motion of the Blackwell defendants to dismiss and accompanying memorandum (Docket Entry Nos. 94-95), the plaintiffs' objection/response (Docket Entry No. 97), and the defendants' reply (Docket Entry No. 98).
It is so ORDERED.