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Contract: Other | New York Southern
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Set/Reset Deadlines: Cross Motions due by 11/20/2026. Motions due by 10/23/2026. Responses due by 11/20/2026 Replies due by 12/3/2026. (mml)
Order on Motion for Leave to File Document
ORDER denying 89 Letter Motion for Leave to File Document. It is hereby ORDERED that, by October 23, 2026, Plaintiff shall file its motion for partial summary judgment and supporting memorandum of law, on (1) Count I of the Complaint against Defendant Cherry Tree Dental, LLC ("CTD"); (2) Defendants' First (impossibility) and Sixth (meeting of the minds) affirmative defenses and (3) Plaintiff's entitlement to contractual attorneys' fees and expenses. By November 20, 2026, CTD shall file its opposition to Plaintiff's motion, along with CTD's cross-motion for partial summary judgment on Count I and supporting memorandum of law. Plaintiff shall file its reply by December 3, 2026. The parties shall comply with the Court's Individual Rules in filing their motions and supporting papers. It is further ORDERED that the request of Defendant Deerpath Capital Management, LP ("Deerpath") for leave to file, at this time, a motion for partial summary judgment on the tortious interference claim is DENIED for the reasons stated at the conference. In the event Count I survives summary judgment, Deerpath's arguments will be heard in conjunction with the bench trial. It is further ORDERED that, by September 10, 2026, Defendants shall produce documents sufficient to describe the structure of, and parties to, the January 2026 transaction detailed in Dkt. No. 88. By September 17, 2026, Plaintiff and Defendants shall meet and confer and file a joint letter regarding the status of settlement discussions. The Clerk of Court is respectfully directed to close the letter motion at Dkt. No. 89. (Signed by Judge Lorna G. Schofield on 9/3/2026) (mml)
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