Opinion
22cv1601 (DLC) 22cv3308 (DLC)
11-09-2022
HYPER BICYCLES, INC., Plaintiff, v. ACCTEL, LTD. and TAPESH SINHA, Defendants. ACCTEL, LTD., Plaintiff, v. HYPER BICYCLES, INC., Defendant.
ORDER
DENISE COTE, District Judge
Acctel, Ltd. ("Acctel") filed a complaint against Hyper Bicycles, Inc. ("Hyper") on April 22, 2022. These actions were consolidated on May 20. Hyper moved to dismiss on August 2. These actions were reassigned to this Court on August 17. Acctel filed a first amended complaint ("FAC") on September 12. Hyper moved to dismiss the FAC on October 6. The motion is fully submitted. It is hereby
ORDERED that Hyper's motion to dismiss is denied. See Austin Instrument, Inc, v. Loral Corp., 29 N.Y.2d 124, 130-31 (1971).
IT IS FURTHER ORDERED that the parties shall proceed with discovery pursuant to the November 4, 2022 Pretrial Scheduling Order.