A pre-motion conference was held on April 4 in a case in which a New York auto glass distributor alleges that two other auto glass distributors and several manufacturers have conspired against it and boycotted it in an attempt to eliminate it from the market. O.E.M. Glass Network Inc. and Brooklyn Wholesale Glass Inc. (known together as OEMGN) filed the suit against Mygrant Glass Company Inc., Interstate Glass of Amityville NY LLC, Metro Glass Distributing Inc., Xinyi Auto Glass North America Corp., Vitro S.A.B. de C.V., Vitro Automotive Glass LLC, Fuyao Glass America Inc., Auto Temp Inc. and Sika Corp. on February 6 in the U.S. District Court for the Eastern District of New York.
The pre-motion conference followed motions on the part of the defendants asking for additional time to respond to the suit. During the conference, “the court granted the defendants leave to move to dismiss … ”
While the defendants’ motions to dismiss were originally due by April 19, on April 11 they filed a motion noting that, “in the interests of judicial economy and efficiency, defendants will file a Joint Motion to Dismiss, rather than individual motions.” In this motion, the group of defendants also asked for permission to exceed the 25-page limit for motions to dismiss by up to 10 pages.
The court granted that motion on April 16.
The plaintiffs’ response to the motion will be due by May 10, and defendants’ follow-up replies will be due by May 17. While the defendants’ motions to dismiss were due on April 19, at press time nothing had yet been filed publicly.