E. Mishan & Sons, Inc. v. Smart and Eazy Corp. et al, No. 1:2018cv03217 - Document 27 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 15 MOTION to Dismiss for Failure to State a Claim, Lack of Personal Jurisdiction and Improper Venue, or in the Alternative, Motion to Transfer to the Central District of California filed by Smart and Eazy Corp. , MasterPan, Inc. For the foregoing reasons, the Court denies all of defendants' motions to dismiss, with the exception of the motion to dismiss the claims against defendant S&E for failure to state a claim. The Court further denies defend ants' motion to transfer venue to the Central District of California. The Clerk of Com1 is respectfully requested to terminate the motions pending at Dkt. 15. Discovery will now commence. By Monday, December 17, 2018, the parties are to submit a proposed case management plan, consistent with the Court's individual rules, that provides for the close of fact discovery by the end of April 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/12/2018) (anc)