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- ilnd;;1:08-cv-07323_de49 RegisterActionDate "2008-06-26" @default.
- ilnd;;1:08-cv-07323_de49 RegisterActionDescriptionText "ORDER TO SHOW CAUSE re Defendants' Motion to Stay Discovery (Doc. 29 ). The Defendants seek a stay based on the Plaintiff's declining to assure that their participation in discovery will not be argued to prejudice their jurisdictional defenses. See Mot. at 4; see also id. (Plaintiff's counsel has indicated Centimark intends to assert that Defendants' appearances at telephone conferences and participation in discovery amounts to waiver of jurisdictional defenses). Given Defense counsel's cooperative efforts to date, including the agreement to enter a Consent Order streamlining this litigation, the court finds the Defendants' alleged position to be somewhat surprising. Notably, moreover, the very Consent Order that allowed discovery to go forward specifically stated its entry was "without prejudice" to "any claims or defenses in this action and [that] the Parties agree[d]" not to assert the contrary. See Doc. 17 at para. 7. The undersigned also notes that the court actually considered staying discovery during the pendency of the Defendants' Motion to Dismiss for lack of personal jurisdiction, but chose not to given, (a) the above-cited language in the Consent Order, and (b) the Plaintiff's oft-stated desire to proceed quickly with its claims for injunctive relief. For these reasons, the Plaintiff is hereby ORDERED to either: (1) file a document with the court stating it will not claim the Defendants' participation in discovery constitutes a waiver of its jurisdictional defenses, or (2) show cause why the court should not immediately stay discovery pending resolution of the Defendants' Motion to Dismiss. This Show Cause Order is returnable 7/1/08. SO ORDERED. Signed by Judge Francis X. Caiazza on 6/26/08. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) [Transferred from Pennsylvania Western on 12/23/2008.] (Entered: 06/26/2008)" @default.
- ilnd;;1:08-cv-07323_de49 AdministrativeID "None" @default.
- ilnd;;1:08-cv-07323_de49 hasReferenceToOtherEntry ilnd;;1:08-cv-07323_de46 @default.