Moses et al v. Griffin Industries, LLC et al

Filing 623

ORDER granting 547 Letter Motion to Stay re: 547 denying 550 Letter Motion for Conference re: 547 . For the reasons stated on the record, this case is STAYED as to Griffin Security Services, Inc (Griffin) under 11 USC § 362(a). T he stay does not extend to any other individual defendants or to ConEd. Additionally, Plaintiffs spoliation motion against Griffin is DENIED as premature. The Clerk of Court is respectfully ordered to close ECF 547 and ECF 550. As discussed, Plain tiffs' counsel is directed to file a stipulation or dismissal, clarifying that individual defendants Alston, Yee and Lopez are dismissed from this case. The parties are directed to file a joint status letter on February 25, 2022 updating t he Court as to whether they are interested in pursuing settlement discussions at this time. See Individual Practices, Section VII, available at: https://nysd.uscourts.gov/sites/default/files /practice_documents/OTW%20Wang%20Individual%20Practices%20Mar%202020.pdf. So Ordered. (Signed by Magistrate Judge Ona T. Wang on 2/9/2022) (js)

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Case 1:18-cv-01200-ALC-OTW Document 623 Filed 02/09/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x RAVEN MOSES, et al., : : Plaintiffs, : : -against: : CONSOLIDATED EDISON COMPANY OF NEW : YORK, INC., et al., : : Defendants. : -------------------------------------------------------------x 18-CV-1200 (ALC) (OTW) ORDER ONA T. WANG, United States Magistrate Judge: For the reasons stated on the record, this case is STAYED as to Griffin Security Services, Inc (“Griffin”) under 11 USC § 362(a).1 The stay does not extend to any other individual defendants or to ConEd. Additionally, Plaintiffs’ spoliation motion against Griffin is DENIED as premature. The Clerk of Court is respectfully ordered to close ECF 547 and ECF 550. As discussed, Plaintiffs’ counsel is directed to file a stipulation or dismissal, clarifying that individual defendants Alston, Yee and Lopez are dismissed from this case. 1 Although Griffin’s defense counsel refers to Griffin as “Griffin Industries LLC” and “Griffin Security Services,” as set forth in Michael Smith’s bankruptcy declaration, Griffin’s proper name is “Griffin Security Services, Inc.” See in re Michael E. Smith, Case No. 21-22203-shl, ECF 4. Case 1:18-cv-01200-ALC-OTW Document 623 Filed 02/09/22 Page 2 of 2 The parties are directed to file a joint status letter on February 25, 2022 updating the Court as to whether they are interested in pursuing settlement discussions at this time. See Individual Practices, Section VII, available at: https://nysd.uscourts.gov/sites/default/files/practice_documents/OTW%20Wang%20Individual %20Practices%20Mar%202020.pdf. SO ORDERED. s/ Ona T. Wang Ona T. Wang United States Magistrate Judge Dated: February 9, 2022 New York, New York 2

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