Advanced Analytics, Inc. v. Citigroup Global Markets, Inc. et al

Filing 510

ORDER terminating 508 Motion re: 508 MOTION Toren Decl. and Exhibits ., 509 MOTION Exhibit 8 re: 507 MOTION Notice of Motion and MotionI for Relief under 10(c) and NY Judiciary Law 487 ., 508 MOTIO N Toren Decl. and Exhibits . . ; terminating 509 Motion re: 508 MOTION Toren Decl. and Exhibits ., 509 MOTION Exhibit 8 re: 507 MOTION Notice of Motion and MotionI for Relief under 10(c) and NY J udiciary Law 487 ., 508 MOTION Toren Decl. and Exhibits . On review of the Motions, the Court does not perceive a need for Defendants to respond to the Second Motion. On receipt of Plaintiff's reply papers o n the First Motion on or before October 18, 2023-or if that date passes without a reply being filed-the Court is prepared to decide the Motions together in due course without requiring additional papers from the parties. The Clerk of Court is respectfully directed to close ECF No. 508 and ECF No. 509, which were incorrectly filed as motions. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/16/23) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADVANCED ANALYTICS, INC.,
Plaintiff,
CIVIL ACTION NO. 04 Civ. 3531 (LTS) (SLC)

-vCITIGROUP GLOBAL MARKETS, INC., et al.,

ORDER

Defendants.
SARAH L. CAVE, United States Magistrate Judge.
On September 27, 2023, Plaintiff filed a motion under, inter alia, Federal Rules of
Appellate Procedure 10(a), 10(e)(1), 10(e)(2)(a)-(b), and 11(b)(2), in which it disputes the current
state of the record underlying its pending appeal to the Second Circuit. (ECF No. 503 (the “First
Motion”); see Advanced Analytics, Inc. v. Citigroup Glob. Mkts., Inc., No. 22-1718 (2d Cir. filed
Aug. 8, 2022) (the “Appeal”). On October 11, 2023, Defendants filed an opposition to the First
Motion. (ECF No. 505). On October 15, 2023, Plaintiff filed a motion under, inter alia, Federal
Rules of Appellate Procedure 10(b)(2) and 10(c), which also regards the record on Appeal.
(ECF No. 507 (the “Second Motion,” together with the First Motion, the “Motions”).
On review of the Motions, the Court does not perceive a need for Defendants to respond
to the Second Motion. On receipt of Plaintiff’s reply papers on the First Motion on or before
October 18, 2023—or if that date passes without a reply being filed—the Court is prepared to
decide the Motions together in due course without requiring additional papers from the parties.
The Clerk of Court is respectfully directed to close ECF No. 508 and ECF No. 509, which
were incorrectly filed as motions.

Dated:

New York, New York
October 16, 2023
SO ORDERED.
_________________________
SARAH L. CAVE
United States Magistrate Judge

2