Minutes | Filed: October 01, 2026
| Entered: October 01, 2026
Shadi Kranitz et al v. BTL Industries, Inc. et al
Contract: Other | New York Eastern
Pre Motion Conference
Minute Entry for Pre-Motion Conference on Defendants' Motions to Dismiss held before Judge Kiyo A. Matsumoto on 8/20/2026. Fletcher W. Schmidt Esq. and Ian Mallery appeared on behalf of the Plaintiffs. Randy R. Haj Esq. and Scott O. Luskin Esq. appeared on behalf of the Defendant-BTL Industries, Inc. ("BTL"). Tyler E. Sanchez Esq. appeared on behalf of Defendant, MMP Capital, Inc. ("MMP"). D Alexander Darcy Esq. appeared on behalf of Defendant-Dext Capital LLC ("Dext"). Andrew T. Hambelton Esq. appeared on behalf of Defendant-North Mill Credit Trust ("North Mill"). Clint Morse Esq. appeared on behalf of Defendant-Amur Equipment Finance, Inc. ("Amur").
The Court held discussions with the parties on the Defendants' proposed motions to dismiss. The Court stated that BTL's proposed motion to dismiss for lack of personal jurisdiction likely has merit because Plaintiffs do not allege that their harms arose from any of BTL's activity in New York, and no Plaintiff is a citizen of New York. The Court also encouraged Amur, Dext, and North Mill to consider if a consolidated Fed. R. Civ. P. ("Rule") 12(b)(6) motion to dismiss would be more efficient.
With input from the Parties, the Court set the following briefing schedule for BTL's Rule 12(b)(2) motion for lack of personal jurisdiction; and MMP, Amur, Dext and North Mill's Rule 12(b)(6) motions for failure to state a claim. The following briefing schedule is without prejudice to BTL's ability to file it's proposed Rule 12(b)(6) and Rule 12(f) motions in an appropriate court, after BTL's 12(b)(2) motion for lack of personal jurisdiction is decided.
By October 22, 2026, Defendants shall serve, but not file their motions. By December 2, 2026, Plaintiffs shall serve, but not file, their opposition papers. By December 16, 2026, Defendants shall serve any reply. On December 16, 2026, the parties must file the fully-briefed motion papers on ECF in logical order and deliver TWO SETS of bound courtesy copies of ALL motions to the undersigned's Chambers via FedEx or Messenger. (Court Reporter Nikki Barna.) (KSC)