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Lembert-Melendez v. Cl Medical, Inc.

United States District Court, Third Circuit

January 14, 2014

ILUMINADA LEMBERT-MELENDEZ and ANGELO MELENDEZ, Plaintiffs,
v.
CL MEDICAL, INC., CL MÉDICAL, and ABC CORPS. 1-10 [fictitious names], Defendants.

MEMORANDUM & ORDER

ESTHER SALAS, District Judge.

This matter is before the Court on Defendant CL Medical SARL's (incorrectly identified as CL Medical) motion to dismiss, (D.E. No. 3), and Defendant CL Medical, Inc.'s motion to dismiss, (D.E. No. 8). Both of these motions to dismiss raise arguments involving personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). (D.E. No. 3 at 5-13; D.E. No. 8 at 5-12). Plaintiffs have opposed these motions. (D.E. Nos. 10 & 14, respectively). Notably, in these oppositions, Plaintiffs seem to request jurisdictional discovery. ( See D.E. No. 10 at 6; D.E. No. 14 at 5). And, both CL Medical SARL and CL Medical, Inc. oppose Plaintiffs' request for such discovery. (D.E. No. 12 at 7-8; D.E. No. 15 at 7-8).

The Court finds that the parties' briefing relating to the aforementioned motions to dismiss raises a dispute as to whether jurisdictional discovery is appropriate. Given the parties' arguments, the Court declines to resolve the pending motions to dismiss until this discovery dispute is resolved.

Accordingly, IT IS on this 13th day of January 2014,

ORDERED that Defendant CL Medical SARL's motion to dismiss, (D.E. No. 3), is administratively terminated; and it is further

ORDERED that Defendant CL Medical, Inc.'s motion to dismiss, (D.E. No. 8), is administratively terminated; and it is further

ORDERED that the parties shall meet and confer in good faith regarding what, if any, discovery Plaintiffs require as to whether Defendants are subject to personal jurisdiction in this District; and it is further

ORDERED that, on or before January 31, 2014, the parties shall electronically file a joint letter advising the Honorable Joseph A. Dickson, U.S.M.J., of their jurisdictional discovery efforts; and it is further

ORDERED that the parties shall attend an in-person conference regarding the jurisdictional discovery issue on February 7, 2014 at 3:00 p.m. in Newark, Courtroom 2D; and it is further

ORDERED that Defendants may re-file their respective motions to dismiss after Judge Dickson resolves the parties' discovery dispute.


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