I just came across Judge Lindsay’s Order in Martin v. Trend Personnel Services (available here), which provides two pieces of important guidance:
1. File a reply brief: “The court notes that Defendants filed no reply. A reply should always be filed, even if it is brief, as the court can take the failure as a concession that Plaintiffs’ position is correct.”
2. Don’t ignore scheduling order deadlines simply because there is a motion to dismiss pending. Instead, ask for a stay of pretrial deadlines.