Opinion
21-cv-10172
02-04-2022
TERRENCE FORTUNA, Plaintiff, v. NANCY POWERS, et al., Defendants.
ORDER ADMINSTRATIVELY TERMINATING DEFENDANTS' MOTION TO DISMISS (ECF NO. 13) PENDING OUTCOME OF PARTIES' SETTLEMENT CONFERENCE
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On May 4, 2021, Defendants Nancy Powers and Signs & Wonders Unlimited LLC filed the pending motion to dismiss Plaintiff Terrence Fortuna's claims against them. (See Mot. to Dismiss., ECF No. 13.) Fortuna filed his response on June 7, 2021, (see Resp., ECF No. 15), and Defendants filed their reply on July 7, 2021, (see Reply, ECF No. 18). The Court heard oral argument on Defendants' motion on January 25, 2022.
After consultation with the Court, the parties have agreed to attend a settlement conference to attempt to resolve their dispute. Due to issues identified by Powers, however, the settlement conference will necessarily be delayed for a couple of months. In the interim, as discussed on the Zoom status conference held off-the-record on today's date, the Court ADMINISTRATIVELY TERMINATES Defendants' pending motion to dismiss (ECF No. 13). As further discussed at today's status conference, if the case does not settle at the settlement conference, Defendants need only file a Notice of Reinstatement if, at that point, they wish to reinstate their now-terminated motion to dismiss. The Court will then decide that motion without further briefing or argument from the parties.
IT IS SO ORDERED.