Vasquez v. Rockland County

Filing 149

ORDER denying without prejudice to renewal by formal motion 148 Letter Motion to Stay re: 148 LETTER MOTION to Stay Discovery addressed to Judge Philip M. Halpern from Gee Won Cha dated May 19, 2021. As there is an appeal in this matter pending before the Second Circuit, this Court will not issue an Order in this matter until after a Mandate issues from the Court of Appeals. The application is, therefore, denied without prejudice to renew after a Mandate is issued. Th e Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 148 and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/20/2021) (ks) Transmission to Docket Assistant Clerk for processing.

As there is an appeal in this matter pending before the Second
Circuit, this Court will not issue an Order in this matter until after
a Mandate issues from the Court of Appeals.
The application is, therefore, denied without prejudice to renew
after a Mandate is issued. The Clerk of the Court is respectfully
directed to terminate the motion sequence pending at Doc. 148
and to mail a copy of this Order to Plaintiff.

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL

SO ORDERED.
LETITIA JAMES

DIVISION OF STATE COUNSEL

ATTORNEY GENERAL
__________________
_______________________

Phili M. Halpern
Philip M H l
United States District Judge

LITIGATION BUREAU

WRITER’S DIRECT DIAL: [phone]

Dated: White Plains, New York
May 20, 2021

May 19, 2021

By ECF
Honorable Philip M. Halpern
Hon. Charles L. Brieant Jr.
Federal Building and Courthouse
300 Quarropas Street, Room 530
White Plains, New York 10601
Re:

Vasquez v. Yadali et al., 16 Civ 895 (PMH)

Dear Judge Halpern:
This Office represents New York State Trooper Police Officers Shameed Yadali and
Joseph Merla in the above-captions case.
By way of procedural background, Plaintiff filed an interlocutory notice of appeal on
February 24, 2021, in which he indicated that he was appealing from two interlocutory orders of
this Court denying his applications to have this case reassigned to another District Judge. Then in
opposition to several motions filed by Plaintiff in that appeal (2d Cir. Docket Number 21-452),
Defendants have filed letters there (see 2d Cir. ECF Nos. 28, 39, 58) stating that the Second Circuit
lacks appellate jurisdiction because the challenged orders are not appealable on an interlocutory
basis, instead they can be reviewed on appeal from a final judgment in the action.1
While we believe Plaintiff’s appeal and appellate motions to be meritless, there is at least
a live issue as to whether the Second Circuit currently has jurisdiction of this case until it rules on
the motions or dismisses the appeal. We thus respectfully request that this Court’s discovery
1

Plaintiff’s most recent motion (2d Cir. ECF No. 51) in the appeal seeks in addition to vacate this
Court’s orders denying Plaintiff’s motions for appointment of pro bono counsel and for leave to file a fourth
amended complaint―matters that are not encompassed in his notice of appeal and over which the Second
Circuit would also lack appellate jurisdiction because those orders, too, are interlocutory in nature.

Page 2
deadlines be stayed until the Second Circuit rules on Plaintiff’s appeal. Moreover, after conferring
with pro se Plaintiff on May 18, 2021, Plaintiff has conveyed that he wishes for a stay of the abovereferenced matter until the Second Circuit rules on his appeal.
We thank the Court for its time and consideration.

Respectfully submitted,
/s/ Gee Won Cha
Gee Won Cha
Assistant Attorney General
[e-mail]
cc:

By U.S. Mail
Kim Vasquez
DIN 21A0325
Downstate Correctional Facility
P.O. Box F
Red Schoolhouse Road
Fishkill, NY 12524