Opinion
Case No.: 1:11-cv-01352 AWI JLT
10-05-2011
RUBEN MONCADA et al., Plaintiffs, v. PETROLEUM GEO-SERVICES, et al., Defendants.
ORDER DENYING EX PARTE
APPLICATION AS MOOT AND
UNNECESSARY
(Doc. 19)
On September 29, 2011, Plaintiffs filed an ex parte application seeking a continuance of the hearing on the motion to dismiss, currently set on October 24, 2011, to a date in January 2012. (Doc. 19 at 3) Likewise, Plaintiffs sought leave to amend their complaint and to conduct jurisdictional discovery. Id. at 4-5. In the meantime, on October 4, 2011, on its own motion, the Court continued the hearing on the motion to dismiss to November 21, 2011. (Doc. 23)
Whether Plaintiffs will be granted leave to amend will be determined in conjunction with the motion to dismiss. Until this occurs, jurisdictional discovery is premature. Alternatively, in light of Plaintiffs' assertion that the defendants do not oppose the filing of an amended complaint (Doc. 19 at 4), Plaintiff may file a stipulation to this effect for the Court's consideration.
Therefore, the Court ORDERS that the ex parte application is DENIED as MOOT and UNNECESSARY.
IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE