Candelaria v. Servpro Commercial LLC

Background

The order concerns two pending motions by Defendant CBRE Inc.: a motion to dismiss and a motion to stay, or pause, discovery while the dismissal motion is pending. The opinion does not decide either motion or describe the underlying claims.

The case had been referred to Judge Moses for general supervision of pretrial matters. The order states that Judge Moses will resolve non-dispositive pretrial motions. In deciding whether to pause discovery while a dismissal motion is pending, Judge Moses may consider the strength of that dismissal motion.

Court’s Action

To speed the case, conserve resources, and promote efficiency, the court ordered the parties to discuss whether they would consent under federal law to conducting all further proceedings before Judge Moses, including the disposition of CBRE’s motion to dismiss.

If the parties consent, Defendants’ counsel must file a completed consent and reference form by October 31, 2025. If the court approves the form, all further proceedings will be conducted before Judge Moses. If either party does not consent, the parties must file a joint letter by the same date stating that they do not consent, without identifying the party or parties withholding consent. The order states that the parties may withhold consent without negative consequences.

Disposition

Judge Rearden issued a case-management order requiring the parties to address consent to magistrate-judge jurisdiction. The order did not grant or deny CBRE’s motion to dismiss or motion to stay discovery.