Opinion
Civil Action 24-2087
11-01-2024
CMPC USA, INC. Plaintiff, v. GWSI, INC., M. GERACE ENTERPRISES, INC., KEVIN BURKE in his individual capacity, and MICHAEL GERACE in his individual capacity Defendants.
ORDER RE DEFENDANTS' MOTION TO DISMISS
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, this 1st day of November 2024, upon consideration of GWSI, Inc., M. Gerace Enterprises, Inc., Kevin Burke, and Michael Gerace's (“Defendants”) Motion to Dismiss Counts III, IV, and V of CMPC USA, Inc.'s Amended Complaint (ECF 44), CMPC USA, Inc.'s response thereto (ECF 47), and Defendants' reply (ECF 50), for the reasons stated in the foregoing memorandum, it is hereby ORDERED that Defendants' Motion is DENIED.
Defendants GWSI, Inc., M. Gerace Enterprises, Inc., Kevin Burke, and Michael Gerace shall Answer the Amended Complaint (ECF 40) and assert any compulsory counterclaims within fourteen (14) days of this Order, as provided for by Rule 12(a)(4)(A) of the Federal Rules of Civil Procedure. No extensions of time will be granted.