GE Transportation Parts, LLC v. Central Railway Manufacturing, LLC
- James Oetken
- 1:19-cv-04826
- U.S. District Court · Southern District of New York
- 1
In GE Transportation Parts v. Central Railway Manufacturing, Judge Nathan ordered a response to a pending motion to dismiss amended counterclaims.
Central Railway Manufacturing, LLC was required to notify the court and GE Transportation Parts, LLC about whether it would amend its counterclaims or rely on its existing pleading. GE Transportation could take one of three specified steps if Central Railway amended.
What happened
GE Transportation Parts, LLC moved to dismiss Central Railway Manufacturing, LLC’s amended counterclaims on August 19, 2020. The opinion does not decide that motion.
The court ordered Central Railway to notify the court and GE Transportation by August 29 whether it would file another amended pleading or rely on its existing counterclaims. If Central Railway amended, GE Transportation could answer, file a new motion to dismiss, or rely on its original motion.
Judge Alison J. Nathan also stated that the order did not change the deadlines provided by the Federal Rules of Civil Procedure or the court’s local rules.
The detailed version
- GE Transportation Parts, LLC v. Central Railway Manufacturing, LLC · No. 1:19-cv-04826
- James Oetken
- Aug. 21, 2020
Background
On August 19, 2020, GE Transportation Parts, LLC filed a motion to dismiss Central Railway Manufacturing, LLC’s amended counterclaims. The order addresses the parties’ next steps; it does not state that the court granted or denied the motion.
Order
Under Rule 3.F. of the court’s Individual Practices in Civil Cases, Central Railway had to notify the court and GE Transportation in writing by August 29, 2020, whether it intended to file an amended pleading and when, or whether it would rely on the pleading challenged by GE Transportation’s motion.
The court warned that declining to amend in response to fully briefed arguments could potentially waive the opportunity to use the amendment process to correct defects identified in the motion. If Central Railway chose to amend, GE Transportation could answer the counterclaims, file a new motion to dismiss, or submit a letter stating that it relied on its initial motion.
Disposition
The order did not alter the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the court’s local rules. Judge Alison J. Nathan issued the order dated August 20, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.