Bytemark, Inc. v. Xerox Corp. et al

Filing 190

ORDER granting 189 Letter Motion to Stay re: 189 JOINT LETTER MOTION to Stay addressed to Judge Paul G. Gardephe from Dariush Keyhani dated August 3, 2022. The application is granted. This case will be stayed pending the Court's decision on New Jersey Transit's proposed motion for summary judgment. The conference scheduled for October 6, 2022 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/9/2022) (ks)

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August 3, 2022
VIA ECF
Hon. Paul G. Gardephe
United States District Court
Southern District of New York
40 Foley Square, Room 705
New York, NY 10007
RE:

Bytemark, Inc. v. Xerox Corp. et al., 1:17-cv-01803-PGG-KNF, joint request to stay
the case pending Court’s decision on NJ Transit’s motion for summary
judgment

Dear Judge Gardephe:
Plaintiff Bytemark, Inc. (“Bytemark”) and Defendants Xerox Corp., ACS Transport Solutions,
Inc., Xerox Transport Solutions, Inc., Conduent, Inc. (“Conduent”), and New Jersey Transit Corp.
(“NJ Transit”) (collectively, “Defendants”) submit this joint letter to respectfully request that the
Court stay the case until the Court’s ruling on NJ Transit’s proposed motion for summary judgment.
On July 21, 2022 the Court granted NJ Transit’s motion to stay, with the exception that
discovery on the issue of sovereign immunity would be permitted. See Dkt. No. 188 at 1. The Court
also set forth a briefing schedule for NJ Transit’s motion for summary judgment. See Dkt. No. 188 at
2. Because information potentially relevant to liability and damages is in the custody and control of
NJ Transit, it is impractical and inefficient for the parties to proceed with discovery on a piecemeal
basis without the benefit of discovery from NJ Transit.
Accordingly, the parties respectfully request that the Court stay the case (with the exception
of discovery relating to NJ Transit’s claim of sovereign immunity) until the Court’s decision on NJ
Transit’s proposed motion for summary judgement.
Respectfully submitted,
/s/ Dariush Keyhani
Dariush Keyhani
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Served on Defendants’ counsel of record via CM/ECF.

Memo Endorsed: The application is granted. This case will be stayed
pending the Court’s decision on New Jersey Transit’s proposed motion
for summary judgment. The conference scheduled for October 6, 2022 is
adjourned sine die.
Dated: August 9, 2022

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