Osen LLC v. United States Central Command

Filing 57

ORDER: The Court is in receipt of the Second Circuit's Opinion and Mandate regarding this Court's prior partial grant of summary judgment in favor of Plaintiff. (Dkt. #56). Consistent with the Second Circuit's decision, the Court find s that Defendant's withholdings under the first exemption were proper, and therefore Defendant is entitled to summary judgment in full. Therefore, the Court reopens this case only to so that it can ORDER that Defendant's motion for summary judgment be GRANTED and that Plaintiff's cross-motion be DENIED. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/14/2020) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
OSEN LLC,
Plaintiff,
17 Civ. 4457 (KPF)

-v.UNITED STATES CENTRAL
COMMAND,

ORDER

Defendant.
KATHERINE POLK FAILLA, District Judge:
The Court is in receipt of the Second Circuit’s Opinion and Mandate
regarding this Court’s prior partial grant of summary judgment in favor of
Plaintiff. (Dkt. #56). Consistent with the Second Circuit’s decision, the Court
finds that Defendant’s withholdings under the first exemption were proper, and
therefore Defendant is entitled to summary judgment in full. Therefore, the
Court reopens this case only to so that it can ORDER that Defendant’s motion
for summary judgment be GRANTED and that Plaintiff’s cross-motion be
DENIED.
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case.
SO ORDERED.
Dated:

September 14, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge