Pearson v. City Of New York et al

Filing 105

ORDER granting 104 Letter Motion to Stay re: 104 JOINT LETTER MOTION to Stay addressed to Judge Colleen McMahon from Joseph Zangrilli dated May 7. 2024. Matter stayed, pending appeal. Parties to update the court as to the appeal status. (Signed by Judge Colleen McMahon on 5/8/2024) (tg)

Download PDF
Case 1:22-cv-10669-CM Document 104 Fi led 05/07/24 Page 1 of 2 USDCSDNY DOCUMENT ELECTRONIC.ALLY Fll.,ED DOC #: _ _ _-t(--,\r-----=--' TE FIT.,ED: 5j~ ~ HON . SYLV IA 0. HINDS-RAD IX Co rp oration Co unsel JOSEPH ZANGRILLI Se111or Co unsel phone (2121356-2657 fa, ( 212 ) 356-35(19 jzangnl@:la w_ nyc go\ THE C ITY OF N EW YORK LAW DEPARTMENT 100 CHURCH STREET NEW YORK.NY 10007 May 7, 2024 VIA ECF Honorable Colleen McMahon United States District Court Southern District of New York 500 Pearl Street New York, New York 10007 Re: Lester Pearson v. City of New York. et al., 22 Civ. 10669 (CM) ( J'l~ J_ fk_, Your Honor: I am a Senior Counsel in the Office of the Hon. Sylvia 0 . Hinds-Radix, Corporation Counsel of the City of New York, assigned to the defense of the above-referenced matter on behalf of the City of New York. For the reasons set forth below, the parties respectfully request a stay of the matter during the pendency of plaintiffs appeal , including defendanf s deadline to respond to the second amended complaint, presently set for May 9, 2024 . This is the first such request. Plainti ffs counsel, David Broderick, Esq., joins in this request. By way of background, the Court issued its Order on defendants ' moti on to dismiss on April 26, 2024. (ECF 0kt. I 00) . Thereafter, plaintiff filed his first notice of appeal rel ating to the Court's April 26 th Order. Plaintiff seeks to appeal the Courts' decision in which it dismissed each individual defendant and a significant number of claims. A stay is merited in light of the Court' s decision regarding defendants ' motion and plaintiffs seeking to appeal. Here, a stay wou ld promote efficiency and conserve the partiesĀ· and judicial resources, as it wo uld ensure that discovery is only undertaken one time. In addition, neither party will be prejud iced, if a stay is issued. Lastly, there are no countervailing factors disfavoring a stay, as both part ies join in this request and intend on using the interim period to explore settlement. Case 1:22-cv-10669-CM Document 104 Filed 05/07/24 Page 2 of 2 Accordingly, the parties respectfully request that the Court stay all proceedings herein during the pendency of plaintiffs appeal. The part ies thank the Court for its time and consideration herein . Respectfully submitted on behalf of the parties, Is Joseph Zangrilli Senior Counsel Special Federal Litigation Division Cc: VIA ECF David Broderick, Esq. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?