Perlman v. General Electric et al

Filing 42

ORDER: To enable the Court to determine whether it retains jurisdiction over this case, the Court directs plaintiff, by September 19, 2023, to file a letter updating the Court as to the status of her appeal. If plaintiffs appeal is pending, the Court will stay proceedings in this Court pending disposition of the appeal. (Signed by Judge Paul A. Engelmayer on 9/12/2023) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CAROL PERLMAN,
-v-

Plaintiff,

22 Civ. 9823 (PAE)
ORDER

GENERAL ELECTRIC, et al.,
Defendants.
PAUL A. ENGELMAYER, District Judge:

On June 30, 2023, the Court dismissed plaintiffs case without prejudice to her right to
move to file an amended complaint by July 14, 2023. See Dkt. 35. On July 11, 2023, the Court
granted plaintiffs motion for an extension of time to file an amended complaint, setting a new
deadline of August 14, 2023. See Dkt. 37.
On July 28, 2023, plaintiff filed a notice of appeal directed at the Court's order granting
defendants' motion to dismiss. See Dkt. 38. On August 14, 2023, with her appeal pending
before the Second Circuit, plaintiff filed an amended complaint in this case. See Dkt. 39. On
September 11, 2023, defendants filed a motion to dismiss the amended complaint. See Dkt. 40;

see also Dkt. 41 (memorandum of law filed in support of defendant's motion).
Although defendants' motion to dismiss does not discuss the possible ramifications of
plaintiffs pending appeal, the Court raises it here, as it has an "independent obligation to
consider the presence or absence of subject matter jurisdiction sua sponte." Joseph v. Leavitt,
465 F .3 d 87, 89 (2d Cir. 2006). "The filing of a notice of appeal is an event of jurisdictional
significance-it confers jurisdiction on the court of appeals and divests the district court of its

control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer

Disc. Co., 459 U.S. 56, 58 (1982).
To enable the Court to determine whether it retains jurisdiction over this case, the Court
directs plaintiff, by September 19, 2023, to file a letter updating the Court as to the status of her
appeal. If plaintiffs appeal is pending, the Court will stay proceedings in this Court pending
disposition of the appeal.
SO ORDERED.

p~ A

l1f;Y
R

PAUL A. ENGELMAy
United States District Judge

Dated: September 12, 2023
New York, New York

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