NOTICE OF SCHEDULING CONFERENCE AND ORDER SUSPENDING ANY FURTHER MOTIONS OR BRIEFING
On April 7, 2010, Defendant filed its second motion to dismiss. The court set the motion for a hearing on May 19, 2010. The motion seeks to dismiss part, but not all, of Plaintiff's recently amended complaint. Thus, however the motion is resolved, this action will proceed at least in part. Accordingly, the court deems it efficient to conduct a scheduling conference prior to the resolution of the motion. Moreover, because issues raised in the scheduling conference may impact the issues in the pending motion, the court will suspend any further briefing on the motion. Additionally, the court will order that no further motions be filed prior to the scheduling conference.
IT IS ORDERED that counsel are DIRECTED to appear for a scheduling conference on April 28, 2010 at 9:30 a.m. Counsel are also directed to meet and confer before the conference. See Fed. R. Civ. P. 26(f).*fn1 TRIAL COUNSEL MUST ATTEND and be prepared to discuss, among other things:
1. A summary of each claim and affirmative defense, and related issues, including a) the elements of proof and, b) the good faith factual foundation of each;
2. Nature of any corporate or partnership parties;
3. The propriety of (or dispute about) subject matter jurisdiction;
4. The possible relationship to other cases;
5. The likelihood of pleading or party amendments, third-party complaints, etc.;
6. The likelihood of expert testimony;
7. Discovery progress to date and complexity of additional discovery (counsel are instructed to commence their Fed. R. Civ. P. 26(a)(1) disclosures without delay and encouraged to begin significant discovery before the conference);
8. Consent to state mediation practice or desire for private facilitation/arbitration;
9. Consideration of magistrate judge consent jurisdiction or District Court bench trial;
10. The likelihood of dispositive motions and likelihood of settlement.
IT IS FURTHER ORDERED that any further motion practice, or briefing on currently filed motions, is SUSPENDED ...