Opinion
No. 00 C 2926
January 10, 2001
MEMORANDUM ORDER
This Court's extraordinarily able minute clerk Sandy Newland has just called its attention to an aspect of this case that appears to have fallen between the cracks. In that respect a few words of explanation may be in order.
Each week this Court orders a computer-generated printout of "Pending Motions" in cases assigned to its calendar, a printout that this Court uses as a backstop to its effort to maintain a careful in-chambers record of such motions. In this instance, no pending motion in this case has appeared or now appears listed in that printout. Nonetheless Ms. Newland has brought to this Court's attention a motion that had been tendered back in October 2000 by defendants North American Mortgage Co. and Dime Savings Bank of New York, seeking the dismissal of Count II of plaintiffs' Second Amended Complaint.
Although this Court's chambers file contains a copy of that motion, the motion is not listed in the case docket either That explains its absence from the computer printout, but it gives no clue as to what happened to the original motion itself.
Because this action is set for a next status hearing on January 30, 2001, ample time still remains for plaintiffs' counsel to respond to the motion to dismiss in advance of that hearing. Accordingly counsel are ordered to file a responsive memorandum in this Court's chambers on or before January 25, 2001 (with a copy of course being delivered to defense counsel). No reply memorandum is being ordered at this time — the possible need for such a reply will be discussed at the next status hearing if the motion is not then capable of resolution.