Opinion
Case No. 2:00-cv-407-FTM-29DNF
December 19, 2002
ORDER
This matter comes before the Court on Defendants' Motion for Stay of Case Management Report Requirements Pending Consideration of Defendants' Motion for Summary Judgment (Doc. #32), filed on November 12, 2002, and Defendants' Motion to Dismiss (Doc. #34), filed on November 15, 2002. No responses have been filed, and the time to do so has expired.
The Motion to Dismiss asserts that the case must be dismissed because of insufficiency of service of process. However, it was the defendants who removed this case from state court to federal court. Accordingly, the Court finds that defendants have waived any issue of insufficiency of process and have submitted themselves to the jurisdiction of the court.
The Motion to Stay contemplates the filing of a motion for summary judgment which has not been filed. The Court will stay the filing of the Case Management Report for thirty days in order to allow defendants to file the summary judgment motion they describe. If no summary judgment motion is filed, the Case Management Report must be completed and filed.
Accordingly, it is now
ORDERED:
1. Defendants' Motion to Dismiss (Doc. #34) is DENIED.
2. Defendants' Motion for Stay of Case Management Report Requirements Pending Consideration of Defendants' Motion for Summary Judgment (Doc. #32) is GRANTED to the extent that the requirement for filing the Case Management Report is stayed for thirty (30) days pending the filing of the summary judgment motion described by defendants. If such a motion is filed, the filing of the Case Management Report is stayed until the motion is resolved. In the absence of such a motion, the Case Management Report shall by filed within forty-five (45) days of the date of this Order.