Opinion
20 Civ. 10842 (LGS)
01-12-2021
JEFFREY JAKUBIAK, Plaintiff, v. QUANTUMSCAPE CORPORATION, Defendant.
ORDER
LORNA G. SCHOFIELD, District Judge.
WHEREAS, on December 22, 2020, Defendant removed this putative class action from state court and, on December 28, 2020, filed a pre-motion letter, proposing to file a motion to dismiss (Dkt. No. 7);
WHEREAS, Plaintiff filed a response, indicating that he intends to file a motion to remand by January 21, 2021, which is thirty days after the date of removal (Dkt. No. 18). Per 28 U.S.C. § 1447, a motion to remand based on any defect other than lack of subject matter jurisdiction must be made within thirty days after the filing of the removal notice;
WHEREAS, the parties filed a joint status letter and proposed case management plan, indicating that they are amenable to settlement discussions (Dkt. No. 19). The joint materials also provide that Defendant seeks a stay pending resolution of his motion to dismiss, which Plaintiff opposes. It is hereby
ORDERED that the January 14, 2021, conference is CANCELLED. The parties shall engage in settlement discussions, and a settlement referral will issue separately. The parties shall file a joint status letter within two business days of the completion of settlement conference, apprising the Court of the outcome of settlement discussions. If the case is not resolved, the Court will enter a cross-motion briefing schedule for Plaintiff's anticipated motion to remand and Defendant's proposed motion to dismiss, with the Plaintiff's motion to remand due within two weeks of the completion of settlement conference. Discovery is stayed pending settlement discussions and resolution of the parties' motions if filed.