You're viewing Docket Item 9 from the case Somberg, et al. v. Utica Community Schools et al. View the full docket and case details.

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2:13-cv-10330-RHC-MJH Doc # 9 Filed 06/04/13 Pg 1 of 2 Pg ID 68

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION



JEANNINE L. SOMBERG o/b/o DYLAN S.
SOMBERG,

Plaintiff,

v.

UTICA COMMUNITY SCHOOLS,

Defendant.

/

Case No. 13-10330

ORDER DENYING MOTION TO DISMISS, GRANTING MOTION TO AMEND, AND

SETTING BRIEFING SCHEDULE

Before the court is a motion to dismiss, filed by Defendant Utica Community

Schools and opposed by Plaintiff Jeannine L. Somberg, on behalf of Dylan S. Somberg.

After the motion was filed, Plaintiff timely moved to amend her complaint under Federal

Rule of Civil Procedure 15(a)(1)(B). The court held a status conference on May 21,

2013, during which time the parties agreed to go to mediation. Mediation has since

occurred, and a settlement was not reached. The court must therefore set deadlines,

as contemplated during the May 21 conference. Accordingly,

IT IS ORDERED that Plaintiff’s motion to amend the complaint as of right [Dkt.

# 6] is GRANTED and that Defendant’s motion to dismiss or strike the first complaint

[Dkt. # 4] is DENIED AS MOOT. Plaintiff shall file an amended complaint by June 7,

2013, and Defendant’s answer is due by June 21, 2013.

IT IS FURTHER ORDERED Plaintiff shall file a motion for judgment, limited to 20

pages of argument, on or before July 19, 2013. Defendant shall file its combined

response and motion for judgment, limited to 25 pages of argument, by August 9, 2013.

2:13-cv-10330-RHC-MJH Doc # 9 Filed 06/04/13 Pg 2 of 2 Pg ID 69

Plaintiff shall file a combined response to Defendant’s motion and reply in support of her

own motion by August 30, 2013. Defendant may file a final, optional, reply by

September 13, 2013.

Dated: June 4, 2013

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 4, 2013, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522

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