Carver et al v. Nassau County Interim Finance Authority et al

Filing 105

MEMORANDUM AND ORDER; For the reasons stated herein, this court willexercise its discretion to stay this federal action pending completion of the state court proceedings. Accordingly, the Clerk of the Court is directed to close the file in this case at this time. The closing of this matter is without prejudice to re-opening, upon letter application, at the conclusionof the state court proceedings. (Ordered by Judge Leonard D. Wexler on 10/3/2013.) (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

FILED

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IN CLERK'S OFFICE
U S DISTRICT COURT E 0 NY

JAMES CARVER, as President of the Nassau
County Police Benevolent Association,
GARY LEARNED, as President ofthe Superior
Officers Association ofNassau County, and
THOMAS R. WILLDIGG, as President ofthe
Nassau County Police Detectives' Association,
Inc.,

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OCT 0 3 2013

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LONG ISLAND OFFICE

MEMORANDUM AND ORDER

cv

Plaintiffs,

11-1614

(Wexler, J.)

-againstNASSAU COUNTY INTERIM FINANCE
AUTHORITY, RONALD A. STACK,
LEONARD D. STEINMAN, ROBERT A.
WILD, CHRISTOPHER P. WRIGHT,
GEORGE J. MARLIN, THOMAS W.
STOKES, in their official capacities as
directors/members of the Nassau County
Interim Finance Authority, EDWARD
MANGANO, in his official capacity as
COUNTY E)(ECUTIVE OF NASSAU
COUNTY, COUNTY OF NASSAU, and
GEORGE MARAGOS, in his official capacity
as NASSAU COUNTY COMPTROLLER,
Defendants.

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APPEARANCES:

STROOCK & STROOCK & LAVAN LLP
BY: ALAN A. KLINGER, ESQ.
180 Maiden Lane
New York, New York 10038
GREENBERG BURZICHELLI GREENBERG P.C.
BY: HARRY GREENBERG, ESQ.
3000 Marcus Avenue, Suite 1W7
Lake Success, New York 11042
Attorneys for Plaintiffs
1

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
BY: CHRISTOPHER GUNTHER, ESQ.
Four Times Square
New York, New York 10036-6522
Attorneys for Defendants
Nassau County Interim Finance Authority and
Individual Directors/Members
JACKSON LEWIS LLP
BY: MARK L. SUSSMAN, ESQ.
58 South Service Road, Suite 410
Melville, New York 11747
Attorneys for Defendants County ofNassau
Edward Mangano and George Maragos
WEXLER, District Judge
In a Memorandum and Order dated September 25, 2013, this court asked Plaintiffs to
inform the court as to their intent with respect to pursuing their state law statutory construction
claim in a state forum. Plaintiffs have informed the court that they will soon commence a state
action. In view of Plaintiffs' election and the opinion of the Second Circuit in Carver v. Nassau
County Interim Finance Authority, No. 13-0801, 13-840 (September 20, 20 13), this court will
exercise its discretion to stay this federal action pending completion of the state court proceedings.
Accordingly, the Clerk of the Court is directed to close the file in this case at this time. The
closing of this matter is without prejudice to re-opening, upon letter application, at the conclusion
of the state court proceedings.
SO ORDERED.

s/ Leonard D. Wexler

f/
Dated: Central Islip, New York
October 3, 2013

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LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE