NYTDA, Inc. v. The City Of New York. et al

Filing 120

ORDER denying 118 Motion to Stay. Defendants' motion for a stay is DENIED. This case will move forward. The briefing schedule previously set for Lockman's motion for class certification remains in place. However, due to the clear stat ement of Second Circuit law set forth in Tanasi, Defendants' anticipated motion to dismiss is no longer tenable. See Tanasi v. New Alliance Bank, No. 14-1389, --- F.3d ----, 2015 WL 2251472, at *1, *4 (2d Cir. May 21, 2015) (amended opinion). Accordingly, in light of Tanasi, the court RESCINDS its prior Order granting leave to file the motion to dismiss; leave to file the motion to dismiss is DENIED at this time without prejudice. Additionally, Defendants&# 039; request to file a motion for the court to enter judgment in the amount of Defendants' Rule 68 offer is GRANTED, and the motion shall proceed in accordance with the following briefing schedule: Defendants shall serve their motion by September 17, 2015; Lockman shall serve its opposition by October 15, 2015; and Defendants shall serve their reply, if any, and file the fully briefed motion by October 29, 2015. Ordered by Judge Nicholas G. Garaufis on 6/17/2015. (Day, Lori)