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Contract: Other | New York Eastern
Pre Motion Conference
MINUTE ENTRY. The Court held a pre-motion conference on September 3, 2026 at 2:00 PM. Timothy Chorba appeared on behalf of Plaintiff. Gabriel Altman and Steven Carlson appeared on behalf of Defendants. General counsel for Defendants and court reporter Marie Foley were also present.The Court heard argument from the parties regarding Defendants' anticipated motion to dismiss. Counsel for the parties responded to inquiries from the Court regarding Plaintiff's breach of contract, trade dress, and misappropriation of trade secrets claims, as well as the scope of discovery for different claims. For reasons stated on the record, the Court deemed Defendants' motion to dismiss the breach of contract claim made and denied. The Court further granted Plaintiff leave to file a second amended complaint under Rule 15(a)(2), Fed. R. Civ. P.Plaintiffs shall file a second amended complaint by September 23, 2026. Defendants shall file any request for a pre-motion conference regarding any anticipated motion related to the second amended complaint by October 7, 2026. Plaintiff shall file any response to Defendants' request by October 21, 2026. (CQTH)
Scheduling Order
SCHEDULING ORDER: In light of the representations in the letter at ECF No. 37 , the parties are directed to file letters outlining their respective positions on ESI custodians on or before September 9, 2026. So Ordered by Magistrate Judge James M. Wicks on 9/3/2026. (JDF)
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