USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT Noe □□ BILED SOUTHERN DISTRICT OF NEW YORK x DATE FILED: 10/3/2024 XTI AEROSPACE, INC., Petitioner, : 1:24-cv-6590-GHW -v- : ORDER CHARDAN CAPITAL MARKETS LLC, : Respondent. :

on X GREGORY H. WOODS, United States District Judge: On August 30, 2024, Petitioner filed a petition to stay arbitration. Dkt. No. 1. “[TJhe summary judgment standard is appropriate in cases where the District Court is required to determine arbitrability, regardless of whether the relief sought 1s an order to compel arbitration or to prevent arbitration.” Bensadoun v. Jobe-Riat,

(2d Cir. 2003). Accordingly, it 1s hereby ORDERED that Petitioners shall file and serve a statement pursuant to Local Civil Rule 56.1 and any additional materials with which they intend to support the petition, including any affidavits or declarations attesting that the exhibits to the petition are true and correct copies of what they purport to be, no later than November 3, 2024. Respondent’s opposition 1s due four weeks following the date of service of Petitioner’s filings. Petitioners’ reply, if any, 1s due two weeks following the date of service of Respondent’s opposition. The initial pre-trial conference currently scheduled for October 16, 2024 is adjourned sine die. SO ORDERED. Dated: October 3, 2024 New York, New York 2 f 3 H. WOODS United States District Judge