Abraham v. Leigh et al

Filing 589

ORDER denying 587 Motion to Stay.The Court is in receipt of Plaintiff's motion to stay the case pending appeal (Dkt. #587), and Ms. Kerwick's November 6, 2020 letter (Dkt. #588). Plaintiff's appeal does not divest the Court of jur isdiction to consider Defendant's pending motion for contempt or Defendant's counterclaims, and therefore Plaintiff's motion for a stay is DENIED.However, on this record, the Court cannot tell if it would be appropriate for Plaintiff t o seek a stay of her obligation to comply with the Court's September 14, 2020 Opinion and Order (see Dkt. #539), pending the outcome of her appeal of that Opinion and Order (see Dkt. #546). Should Plaintiff seek to raise this issue with the Cour t, the Court will entertain a letter from Plaintiff on this matter. In the interim, Plaintiff's opposition to Defendant's motion for contempt is still due on or by November 16, 2020. (See Dkt. #586).Finally, the Court reminds Plaintiff that she must comply with the Court's October 21, 2020 Order (Dkt. #583), which Order stated that "Plaintiff shall not file any submission in this case regarding Ms. Kerwick, Ms. Wiss, Wiss & Partners, and/or Plaintiff's relationship with them, absent leave of Court." (Id. (emphases added)). Plaintiff's filing at docket entry 587 is in clearviolation of this Order. Plaintiff is hereby warned that future noncompliancewith the October 21, 2020 Order will require the Court to c onsider sanctions"including civil and criminal contempt, monetary sanctions, and default in theunderlying action." (Id.).Therefore, the Clerk of Court is directed to seal docket entry 587, to beviewable by the Court and parties only.SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/9/2020) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBYN ABRAHAM,
Plaintiff,
-v.-

17 Civ. 5429 (KPF)
ORDER

ABBY LEIGH, et al.,
Defendants.
KATHERINE POLK FAILLA, District Judge:

The Court is in receipt of Plaintiff’s motion to stay the case pending
appeal (Dkt. #587), and Ms. Kerwick’s November 6, 2020 letter (Dkt. #588).
Plaintiff’s appeal does not divest the Court of jurisdiction to consider
Defendant’s pending motion for contempt or Defendant’s counterclaims, and
therefore Plaintiff’s motion for a stay is DENIED.
However, on this record, the Court cannot tell if it would be appropriate
for Plaintiff to seek a stay of her obligation to comply with the Court’s
September 14, 2020 Opinion and Order (see Dkt. #539), pending the outcome
of her appeal of that Opinion and Order (see Dkt. #546). Should Plaintiff seek
to raise this issue with the Court, the Court will entertain a letter from Plaintiff
on this matter. In the interim, Plaintiff’s opposition to Defendant’s motion for
contempt is still due on or by November 16, 2020. (See Dkt. #586).
Finally, the Court reminds Plaintiff that she must comply with the
Court’s October 21, 2020 Order (Dkt. #583), which Order stated that “Plaintiff
shall not file any submission in this case regarding Ms. Kerwick, Ms. Wiss,
Wiss & Partners, and/or Plaintiff’s relationship with them, absent leave of

Court.” (Id. (emphases added)). Plaintiff’s filing at docket entry 587 is in clear
violation of this Order. Plaintiff is hereby warned that future noncompliance
with the October 21, 2020 Order will require the Court to consider sanctions
“including civil and criminal contempt, monetary sanctions, and default in the
underlying action.” (Id.).
Therefore, the Clerk of Court is directed to seal docket entry 587, to be
viewable by the Court and parties only.
SO ORDERED.
Dated:

November 9, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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