"I think it's pretty ridiculous that she's failed to make a ruling on a simple motion for 3 months."
I have a guess about what she may be up to.
From Docket #41: "SCHEDULING ORDER: Discovery due by 10/7/2016. Mediation Deadline 11/23/2016. In Limine Motions due by 10/21/2016. Motions due by 10/21/2016. Pretrial Stipulation due by 12/19/2016. Signed by Magistrate Judge Dave Lee Brannon on 9/8/2016."
Maybe I'm the only one but I was surprised to see the line I highlighted above. I thought the mediation process was over. In fact the next day Cowan filed Docket #43, their MOTION for Protective Order. It included this statement: "Defendants produced documents and information in the course of the mediation in an effort to reach a resolution of the case. Ultimately, the mediation was unsuccessful and the Court terminated the stay of this case."
Here's my guess: Even if the parties reached the point that they felt the mediation was unsuccessful, the court apparently doesn't feel that the mediation was formally terminated. If that's true, then it is possible she wants to wait until that date before she makes her venue/personal jurisdiction ruling. The Mediation Agreement itself doesn't provide either a date for or conditions under which it is/was to be terminated, so the Judge apparently has taken it upon herself to assign that 11/23/16 date to formally end it. I'm sure she would like to see the parties settle ahead of that so she can rid herself of these characters. Meanwhile she's scheduling as if the trial will go on as planned. I'll bet she got a kick out of the latest motion (Defendant's MOTION to Continue Trial Term from January 23, 2017 to July 24, 2017).
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