Fontoine v. The Permanent Mission of Chile to the United Nations et al

Filing 133

ORDER granting 132 Letter Motion to Stay re: 132 JOINT LETTER MOTION to Stay re: 115 Order on Motion to Preclude, to continued stay entered on September 8, 2020 addressed to Judge Analisa Torres from Nicholas M. Renzler date d May 7, 2021. The Parties' request for a continued stay of this action pending the finalization of their settlement agreement (ECF No. 132) is GRANTED. By July 28, 2021, the parties shall file a stipulation of dismissal or further status report. The Clerk of Court is respectfully directed to close ECF No. 132. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/10/21) (yv)

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Nicholas M. Renzler
[e-mail]

May 7, 2021
Via ECF
Hon. Analisa Torres
United States District Judge
U.S. District Court for the Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Fontaine v. The Permanent Mission of Chile to the United Nations, et al.,
Case No. 17-cv-10086 (AT) (SLC)

Dear Judge Torres:
Pursuant to paragraphs I(B) and III(A)(i) of Your Honor’s Individual Practices, I write
on behalf of Defendant the Permanent Mission of Chile to the United Nations (the “Permanent
Mission”) and Plaintiff Carolina Fontaine (“Ms. Fontaine”) to respectfully request that the
Court continue the stay of these proceedings entered on September 8, 2020 (ECF No. 115)
until at least, July 30, 2021.
The September 8, 2020 Order stays the action “pending resolution of Defendants’
interlocutory appeal.” On April 22, 2021, the Parties reached a tentative agreement to settle
and release all claims related to the above-captioned matter and its associated appeal, through
the Second Circuit’s Civil Appeals Mediation Program. On April 23, 2021, pursuant to Second
Circuit Local Rule 42.1, the Parties filed a stipulation withdrawing that appeal without
prejudice (ECF No. 129), in order to finalize their agreement to settle. The Parties have
received an Order from the Second Circuit’s Mediation Program for a follow up meeting with
the mediator on July 27, 2021. Under the terms of the Parties’ stipulation, the DefendantAppellant may reinstate the appeal by filing written notice by July 29, 2021.
The Parties therefore request that Your Honor continue the stay of these proceedings
to allow the Parties to finalize their settlement and release agreement, and conserve judicial
resources.
The Parties' request for a continued stay of this action
pending the finalization of their settlement agreement (ECF Respectfully submitted,
No. 132) is GRANTED. By July 28, 2021, the parties shall
file a stipulation of dismissal or further status report . The /s/ Nicholas M. Renzler
Clerk of Court is respectfully directed to close ECF No. 132.
Nicholas M. Renzler
Counsel for Defendant the Permanent Mission
SO ORDERED 5/10/2021
of Chile to the United Nations
cc:

Zein E. Obagi, Jr. & Tara Hattendorf, Counsel for Plaintiff Carolina Fontaine

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