Underwood v. Lastrada Entertainment Company, Ltd. et al.

Filing 97

ORDER granting 85 Motion to Correct Judgment; granting 85 Motion to Alter Judgment re: 83 Order on Motion to Dismiss, Order on Motion for Leave to File Document. It is hereby ORDERED that, for the reasons stated on the record at the Marc h 19 Conference, plaintiffs February 20 Motion for Reconsideration of the February 2019 Order dismissing this action is granted. SO ORDERED. (Signed by Judge Denise L. Cote on 3/20/2020) (jca) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------- X
:
WILLIAM UNDERWOOD,
:
Plaintiff,
:
:
-v:
LASTRADA ENTERTAINMENT COMPANY, LTD., :
STEVE ARRINGTON, SAM CARTER, CHARLES
:
CARTER, WAUNG HENDERSON, and ROGER
:
PARKER,
:
Defendants.
:
:
-------------------------------------- X

16cv9058 (DLC)
ORDER

DENISE COTE, District Judge:
This case was filed on November 21, 2016.

An Order of

February 5, 2019 dismissed the action pursuant to Rule 12(b)(6),
Fed. R. Civ. P.

On February 20, 2019, plaintiff filed a motion

to correct or alter the judgment pursuant to Rule 59(e)(3), Fed.
R. Civ. P.

The February 20 Motion was fully submitted on March

13, 2019. 1

On March 19, 2020, counsel for the parties

participated by telephone in a pretrial conference before the
Court. 2

It is hereby

ORDERED that, for the reasons stated on the record at the
March 19 Conference, plaintiff’s February 20 Motion for

On March 7, 2019, plaintiff noticed an appeal in the Second
Circuit Court of Appeals. On April 10, 2019, the Second Circuit
granted plaintiff’s request to stay the appeal pending a
decision on this motion.
1

2

This action was transferred to this Court on February 19, 2020.

Reconsideration of the February 2019 Order dismissing this
action is granted.
SO ORDERED:
Dated:

New York, New York
March 20, 2020
__________________________________
DENISE COTE
United States District Judge

2