Owens v. New York Life Insurance Company

Filing 19

ORDER denying without prejudice to renewal 10 Letter Motion for Extension of Time to Answer; denying without prejudice to renewal 12 Motion to Appoint Counsel ; denying without prejudice to renewal 12 Letter Motion to Consolidate Cases; d enying without prejudice to renewal 17 Letter Motion for Extension of Time; granting 18 Letter Motion to Stay. Before the Court is the parties' joint motion to stay this case. See ECF No. 18. For the reasons set forth below, the motion is GRANTED. Applying these factors, the Court concludes that a stay is appropriate. In particular, the Court stays the case in the interest of the parties and to conserve judicial resources. The Court also grants the parties' application to file a joint letter updating the Court on the status of the mediation by March 21, 2025. The Clerk of Court is directed to terminate ECF No. 18. The applications at ECF Nos. 10, 12, and 17 are terminated without prejudice to restoration in the event that this case and Prosser v. N.Y. Life Ins. Co., No. 24 Civ. 6930, are not resolved through mediation. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/10/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAVID OWENS,
Plaintiff,
-v.-

24 Civ. 6853 (JHR)
ORDER

NEW YORK LIFE INSURANCE COMPANY,
Defendant.
JENNIFER H. REARDEN, District Judge:
Before the Court is the parties’ joint motion to stay this case. See ECF No. 18. For the
reasons set forth below, the motion is GRANTED.
At issue here is an alleged cybersecurity incident that impacted the systems of third party
Infosys McCamish Sys., LLC (“IMS”) in late 2023 (the “Incident”). ECF No. 18 at 1.
Defendant New York Life Insurance Company is an IMS client. Id. Currently, IMS is
defending claims pertaining to the Incident in a consolidated action pending in the Northern
District of Georgia, id, which the Court has identified as McNally v. InfoSys McCamish Systems,
LLC, 24 Civ. 995 (the “Northern District of Georgia Case”). In connection with the Northern
District of Georgia Case, Plaintiff Owens and IMS, as well as the other parties implicated
therein, have agreed to mediate in an effort to resolve the litigations concerning the Incident,
including the instant action. Id. The mediation is scheduled for March 2025. Id.
“In determining whether to grant a stay, courts in this district consider five factors: (1) the
private interests of the plaintiffs in proceeding expeditiously with the civil litigation as balanced
against the prejudice to the plaintiffs if delayed; (2) the private interests of and burden on the
defendants; (3) the interests of the courts; (4) the interests of persons not parties to the civil
litigation; and (5) the public interest.” Allstar Mktg. Grp., LLC v. akrondh, No. 21 Civ. 3621

(JPO), 2022 WL 17324939, at *1 (S.D.N.Y. Nov. 29, 2022) (citing Kappel v. Comfort, 914 F.
Supp. 1056, 1058 (S.D.N.Y. 1996)).
Applying these factors, the Court concludes that a stay is appropriate. See, e.g., Liquid
Soul Media, LLC v. Armed Forces Communications, Inc., No. 15 Civ. 7291 (RA) at 1-2,
(S.D.N.Y. Aug. 25, 2016) (granting joint motion to stay pending mediation); Martin v. Chik-FilA, Inc., No. 24 Civ. 5451 (LJL) at 1, (S.D.N.Y. Sept. 6, 2024) (same); Owens v.
PricewaterhouseCoopers LLC, No. 24 Civ. 5517 (GHW) at 1, (S.D.N.Y. Oct. 17, 2024) (same).
In particular, the Court stays the case in the interest of the parties and to conserve judicial
resources. The Court also grants the parties’ application to file a joint letter updating the Court
on the status of the mediation by March 21, 2025.
The Clerk of Court is directed to terminate ECF No. 18.
The applications at ECF Nos. 10, 12, and 17 are terminated without prejudice to
restoration in the event that this case and Prosser v. N.Y. Life Ins. Co., No. 24 Civ. 6930, are not
resolved through mediation.
SO ORDERED.
Dated: March 10, 2025
New York, New York

JENNIFER H. REARDEN
United States District Judge

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