Opinion
No. 2:03-CV-498 PS.
March 16, 2005
ORDER
This matter is before the Court on Defendants GC Services L.P., DLS Enterprises, Inc. and GC FINANCIAL CORPORATION's motion for summary judgment [Doc. 83]. Defendants filed their motion on January 26, 2005. On February 28, 2005, Magistrate Judge Rodovich entered an order striking Defendants' pleadings and deeming the allegations of Plaintiffs' complaint to be admitted. As an excess of caution, Plaintiffs filed their response to the motion for summary judgment on March 4, 2005. Thereafter, the Court granted the Defendants until March 22, 2005 to file their reply. In the interim, on March 14, 2005, the Defendants filed their objections to Judge Rodovich's February 28, 2005 order (the "Objections"). In separate notice, the Court has scheduled a hearing on the Objections for May 5, 2005.
The resolution of the Defendants' motions to Judge Rodovich's February 28, 2005 order will necessarily effect this Court's ruling on the motion for summary judgment. Accordingly, in the interests of judicial and party economy, the motion for summary judgment [Doc. 83] is hereby VACATED. The Defendants may refile their current motion for summary judgment following the Court's resolution of the Objections by filing a motion to reinstate and need not physically refile the same. If Defendants reinstate their motion for summary judgment, Plaintiffs may likewise reinstate their response.