PNC Bank, National Association v. Optimity Advisors, LLC et al

Filing 58

ORDER granting 57 Letter Motion to Stay 43 MOTION for Partial Summary Judgment Notice of Plaintiff's Motion for Partial Summary Judgment and Other Relief addressed to Magistrate Judge Valerie Figueredo from John A . Basinger. Application Granted. The parties are directed to provide a status update by Monday, November 27, 2023. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 57. (Signed by Magistrate Judge Valerie Figueredo on 11/13/2023) (vfr)

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John A. Basinger Phone: (212) 980-7231 Fax: (973) 286-6800 John.Basinger@saul.com November 13, 2023 www.saul.com The parties are directed to provide a status update by Monday, November 27, 2023. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 57. November 10, 2023 Via ECF The Honorable Valerie Figueredo Daniel Patrick Moynihan Courthouse 500 Pearl Street New York, NY 10007 Re: PNC Bank, N.A. v. Optimity Advisors LLC, et al. No. 22-cv-07011-GHW-VF Dear Judge Figueredo: We represent Defendants in the referenced matter. We write with the consent of counsel for Plaintiff regarding Plaintiff’s motion for partial summary judgment (the “Motion”), which was filed on September 13, 2023 and fully briefed by October 16, 2023. ECF. 43-56. This week our clients have negotiated a potential transaction concerning the mortgaged property at issue in the Motion. Counsel for all parties have communicated and agree that, if the potential transaction is consummated, it will impact the Motion and the course of this litigation. In the interest of preserving judicial resources, the parties respectfully request that the Court hold the Motion in abeyance pending the consummation of the potential transaction. With the Court’s permission, the parties respectfully propose updating the Court no later than 14 days of the date of this letter concerning the status of the proposed transaction and any impact that it has on the Motion and this litigation. We would be happy to answer any questions the Court has concerning this development. Respectfully submitted, /s John A. Basinger John A. Basinger cc: All Counsel of Record (via ECF) 1270 Avenue of the Americas, Suite 2800  New York, NY 10020  Phone: (212) 980-7200  Fax: (212) 980-7292 CALIFORNIA DELAWARE FLORIDA ILLINOIS MARYLAND MASSACHUSETTS MINNESOTA NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC A DELAWARE LIMITED LIABILITY PARTNERSHIP

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