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Gutchess Lumber Co., Inc. v. Wieder

United States District Court, Second Circuit

August 29, 2013

GUTCHESS LUMBER CO., INC., Plaintiff,
v.
MICHAEL WIEDER, Defendant.

MELVIN & MELVIN, PLLC ROGER W. BRADLEY, ESQ., SUSAN E. OTTO, ESQ., Syracuse, New York, Attorneys for Plaintiff.

BLITMAN & KING LLP BRIAN J. LACLAIR, ESQ., JULES L. SMITH, ESQ., Syracuse, New York, Attorneys for Defendant.

BERGER & MONTAGUE PC ELLEN T. NOTEWARE, ESQ., TODD S. COLLINS, ESQ., Philadelphia, Pennsylvania, Attorneys for Defendant.

SHAYNE NICHOLS, LLC STANLEY H. SHAYNE, ESQ., Two Miranova Place, Suite 300 Columbus, Ohio, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

Plaintiff filed its complaint against Defendant in New York State Supreme Court, Onondaga County, on July 16, 2013. On August 15, 2013, New York Supreme Court Justice DeJoseph entered a temporary restraining order, which, among other things, enjoined and restrained Defendant, pending a further order of the New York Supreme Court, from any further disclosure or dissemination, by any means, including publication on the internet, of Plaintiff's confidential information, documents, or other materials to any persons or entities.

On August 20, 2013, Defendant removed the case to this Court, asserting that the Court had subject matter jurisdiction over this case pursuant to 28 U.S.C. ยง 1331. See Dkt. No. 1. On August 27, 2013, Defendant moved to dismiss the complaint; said motion is returnable on October 11, 2013. See Dkt. No. 10. On August 28, 2013, Plaintiff filed a motion for an extension of the Temporary Restraining Order that Justice DeJoseph had entered. See Dkt. No. 12.

Having reviewed the entire file in this matter, the Court hereby ORDERS that Plaintiff's motion for an extension of the Temporary Restraining Order is

GRANTED insofar as such order shall now expire on the date that the Court herein sets for oral argument on Defendant's pending motion to dismiss, i.e., September 20, 2013; and the Court further

ORDERS that counsel shall appear for oral argument with respect to Defendant's motion to dismiss, see Dkt. No. 10, on Friday, September 20, 2013, at 10:00 a.m. at the James Hanley United States Courthouse and Federal Building in Syracuse, New York. Therefore, Plaintiff shall file any opposition it has to said motion on or before Friday, September 6, 2013; and Defendant shall file any reply in further support of his motion to dismiss on or before Friday, September 13, 2013; and the Court further

ORDERS that, if Plaintiff wishes to do so, it shall file any motion to remand this matter to state court on or before Friday, September 6, 2013; and, if Plaintiff files a motion to remand, Defendant shall file his opposition to such motion on or before Friday, September 13, 2013. Plaintiff shall not be permitted to file a reply in further support of any such motion.

IT IS SO ORDERED.


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