3B Medical, Inc. v. SoClean, Inc.

Filing 109

ORDER: Upon review of all premotion letters, the Court is not persuaded that a premotion conference or further briefing is necessary to resolve the parties' disputes. In accordance with this Court's Individual Practices and Rule 7.1 of the Court's Local Rules, SoClean may file a combined motion to dismiss and stay of this action which shall not exceed five pages in length (single spaced, twelve-point font), unless, upon a party's request, the Court authorizes a larger number. The substance of such motion may not deviate materially from the basis for dismissal that SoClean stated in its initial premotion letters. In response, within seven (7) days of the filing of SoClean's motion, 3B Medical may file its o pposition, which may similarly not exceed five pages (single spaced, twelve-point font), opposing the motion. SoClean may file a three-page reply within seven (7) days of the filing of 3B Medicals response. SO ORDERED. (Signed by Judge Victor Marrero on 6/24/2022) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------X
3B MEDICAL, INC.,
:
:
Plaintiff,
:
:
- against :
:
SOCLEAN, INC.,
:
:
Defendant.
:
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19 Civ. 03545 (VM)
ORDER

VICTOR MARRERO, United States District Judge.
On

January

Practices,

4,

counsel

2022,
for

consistent

defendant

with

the

SoClean,

Inc.

Court’s

Individual

(“SoClean”)

sent

counsel for plaintiff 3B Medical, Inc. (“3B Medical”) a premotion
letter identifying alleged deficiencies in the Amended Complaint (Dkt.
No. 42) that 3B Medical filed in this action, and that allegedly would
provide a basis supporting a motion to dismiss. (See Dkt. No. 98.) On
January

11,

Practices,

2022,

counsel

also
for

consistent
3B

Medical

with
sent

the
a

Court’s

three-page

Individual
letter

in

response, opposing the grounds that SoClean stated in favor of the
proposed motion. (See Dkt. No. 104.) On March 17, 2022, the Court
received

a

letter

from

SoClean

requesting

a

premotion

conference,

asserting that the letter exchange did not resolve the dispute and
thus failed to avoid motion practice at this stage of the proceedings.
(See Dkt. No. 108.) Previously, on October 19, 2022, SoClean sent a
three-page letter identifying a basis to stay the action or otherwise
dismiss the action without prejudice. (See Dkt. No. 98.) On October
26, 2022, 3B Medical sent a three-page letter in response, opposing

the grounds that SoClean stated in favor of its proposed motion. (See
Dkt. No. 100.)
Upon review of all premotion letters, the Court is not persuaded
that

a

resolve

premotion
the

conference

parties’

or

disputes.

further
In

briefing

accordance

is

with

necessary
this

to

Court’s

Individual Practices and Rule 7.1 of the Court’s Local Rules, SoClean
may file a combined motion to dismiss and stay of this action which
shall not exceed five pages in length (single spaced, twelve-point
font), unless, upon a party’s request, the Court authorizes a larger
number. The substance of such motion may not deviate materially from
the basis for dismissal that SoClean stated in its initial premotion
letters. In response, within seven (7) days of the filing of SoClean’s
motion, 3B Medical may file its opposition, which may similarly not
exceed five pages (single spaced, twelve-point font), opposing the
motion. SoClean may file a three-page reply within seven (7) days of
the filing of 3B Medical’s response.
SO ORDERED.
Dated:

New York, New York
June 24, 2022

________________________
VICTOR MARRERO