McKeon Rolling Steel Door Co., Inc. v. U.S. Smoke & Fire Corp. et al

Filing 101

ORDER denying 61 Motion to Dismiss. Following the November 22, 2024 telephonic conference, the Court hereby DENIES Plaintiff's Motion to Dismiss Defendants' Counterclaim (ECF No. 61) without prejudice, GRANTS Defendant leave to file an Amended Counterclaim, and GRANTS Plaintiff leave to file a renewed Motion to Dismiss the Amended Counterclaim. The Court sets forth the following deadlines: December 3, 2024: Joint Status Report on settlement discussions due; December 4, 2024: Amended Counterclaim due; January 7, 2025: Renewed Motion to Dismiss Amended Counterclaim due; January 28, 2025: Opposition due; and February 6, 2025: Reply due. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/22/2024) (sgz)

USDCSDNY
DOCUME T
ELECTRO 1 ALLY FILED
DO #: - -- - - - ~
DATE FILED: _ _
_ __ _
11/22/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MCKEON ROLLING STEEL DOOR CO., INC.,
Plaintiff,

23-cv-08720 (ALC)

-against-

ORDER

U.S. SMOKE & FIRE CORP., et al.,
Defendants.
ANDREW L. CARTER, JR., United States District Judge:
Following the November 22, 2024 telephonic conference, the Court hereby DENIES
Plaintiff's Motion to Dismiss Defendants' Counterclaim (ECF No. 61) without prejudice,
GRANTS Defendant leave to file an Amended Counterclaim, and GRANTS Plaintiff
leave to file a renewed Motion to Dismiss the Amended Counterclaim.
forth the following deadlines:
•
•
•
•
•

December 3, 2024: Joint Status Report on settlement discussions due;
December 4, 2024: Amended Counterclaim due;
January 7, 2025: Renewed Motion to Dismiss Amended Counterclaim due;
January 28, 2025: Opposition due; and
February 6, 2025: Reply due.

SO ORDERED.
Dated:

November 22, 2024
New York, New York

ANDREW L. CARTER, JR.
United States District Judge

The Court sets