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)

Case 1:22-cv-10669-CM Document 104 Fi led 05/07/24 Page 1 of 2

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DOCUMENT
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HON . SYLV IA 0. HINDS-RAD IX
Co rp oration Co unsel

JOSEPH ZANGRILLI
Se111or Co unsel
phone [phone]
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)

(

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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 parties·
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.

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