Clopay Plastic Products Company, Inc. v. The Excelsior Packaging Group, Inc., No. 1:2012cv05262 - Document 55 (S.D.N.Y. 2013)

Court Description: OPINION AND ORDER re: 29 MOTION to Dismiss Third-Party Complaint dated 4/15/13 filed by Kimberly-Clark Corporation, 43 MOTION to Sever the third-party claims of Defendant/Third-Party Plaintiff, The Excelsior Packaging Group, Inc., again st all Third-Party Defendants, pursuant to Fed.R.Civ.P. 14(a)(4) and 21. Pursuant to Local Rule 6.1(b)(2), any opposition shall be MOTION to Sever the third-party claims of Defendant/Third-Party Plaintiff, The Excelsior Packaging Group, Inc., aga inst all Third-Party Defendants, pursuant to Fed.R.Civ.P. 14(a)(4) and 21. Pursuant to Local Rule 6.1(b)(2), any opposition shall be filed by Clopay Plastic Products Company, Inc. For the reasons stated above, it is hereby ordered that: K-C's motion to dismiss is DENIED; and Clopay's motion to sever is DENIED without prejudice to renewal at a later date if the circumstances warrant such renewal. The Clerk of Court is directed to terminate the motions at docket numbers 29 and 43. SO ORDERED.(Signed by Judge J. Paul Oetken on 12/06/2013) (ama) Modified on 12/6/2013 (ama).