Expeditors International of Washington, Inc. v. American Independent Line, Inc.

Filing 16

ORDER terminating 15 Letter Motion to Stay re: 15 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Steven Block dated May 10, 2024. The Initial Pretrial Conference scheduled for June 11, 2024 at 11:00 AM is ADJOURNED sine die. The parties are DIRECTED to submit a joint letter by July 12, 2024 updating the Court as to the status of this case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 5/10/2024) (mml)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/10/2024
STEVEN BLOCK
206.223.7718
[e-mail]

May 10, 2024
VIA ECF FILING ONLY
Hon. Mary Kay Vyskocil
U.S. District Court for the Southern District
of New York
Thurgood Marshall
United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Expeditors International of Washington, Inc. v. American Independent Line, Inc.
Case No. 1:24-cv-01678-MKV
Request to Hold Case in Abeyance

Your Honor:
I am counsel for plaintiff Expeditors International of Washington, Inc. (“Expeditors”)
in the referenced matter. I write pursuant to Your Honor’s Individual Practices Rule 4-B
with the consent and joinder of defendant American Independent Line, Inc. (“AIL”). The
parties request an order to hold this matter in abeyance and to adjourn the Initial Pretrial
Conference, which is currently scheduled for June 11, 2024, and all related deadlines to a
convenient date and time after the Washington court decides Expeditor’s motion in the
underlying lawsuit.
As explained in my letter to the Court dated April 26, 2024 (DKT 13), this is an
indemnity action for any liability Expeditors might be adjudged to have to Columbia
Machine in the underlying lawsuit. In that underlying lawsuit, Expeditors recently scheduled
with the Washington court an oral argument hearing date of July 5, 2024, the earliest
available date, for Expeditors’ motion to dismiss the underlying lawsuit in favor of it being
transferred to this Court for joinder with this action 1 (pursuant to contractual terms between
Expeditors and Columbia Machine).

1

A third-party action was not filed by Expeditors against AIL in the underlying lawsuit
because of a New York forum selection clause in the contract between AIL and Expeditors.

Hon. Mary Kay Vyskocil
May 10, 2024
Page 2

While oral argument on Expeditors’ forthcoming motion is scheduled for July 5,
2024, it is unknown as to when the Washington court will rule on that motion. However,
Expeditors can provide the Court and AIL with a status of that motion by July 12, 2024 and
provide any further statuses as warranted.
We also write to advise that on May 9, 2024, the parties’ counsel discussed the
Court’s Notice of Initial Pretrial Conference, and determined that compliance with certain
mandates is impractical. More specifically, the parties cannot begin to negotiate settlement
of a claim for indemnity, where liability and damages have not yet been established in the
underlying lawsuit.
Accordingly, for the foregoing reasons, the parties request an order to hold this matter
in abeyance and to adjourn the Initial Pretrial Conference and all related deadlines to a date
and time after the Washington court decides Expeditor’s motion in the underlying lawsuit, as
we believe the Initial Pretrial Conference would be far more productive with the
participation of Columbia Machine.
To the extent the Court interprets this as a motion concerning discovery as
contemplated by Your Honor’s Individual Practices Rule 4-A-i, Expeditors requests a premotion conference.
We appreciate the Court’s consideration.
Very truly yours,
/s/ Steven W. Block
Steven W. Block
Lane Powell, PC
Counsel for Expeditors International of
Washington, Inc.

cc: Teresa Dooley, counsel for AIL
The Initial Pretrial Conference scheduled for June 11, 2024 at
11:00 AM is ADJOURNED sine die. The parties are DIRECTED
to submit a joint letter by July 12, 2024 updating the Court as to
the status of this case. SO ORDERED.
5/10/2024