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Order | Filed: May 17, 2024 | Entered: May 17, 2024 Karkowsky v. Nassau County et al
Civil Rights: Other | New York Eastern
Order Staying Case
ORDER STAYING CASE: The Court is in receipt of the parties' 27 status letter and hereby stays this litigation until the conclusion of Plaintiffs criminal proceedings, including post-trial motions and appeal, or until further Order of the Court. As noted in the Courts December 2, 2023 Order, it is well established that district courts have discretionary authority to stay a case when the interests of justice so require. See United States v. Kordel, 397 U.S. 1, 12, n.27 (1970); Kashi v. Gratsos, 790 F.2d 1050, 1057 (2d Cir.1986) (citing SEC v. Dresser Indus., Inc., 628 F.2d 1368, 1375 (D.C.Cir.1980) (en banc ). The Court finds that the factors outlined by the Second Circuit in Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 99 (2d Cir. 2012) continue to weigh in favor of finding a stay appropriate in this case, given the possible interconnectedness of the issues between this instant case and Plaintiffs criminal case, the status of the litigation in each forum, the interests of the courts, and the limited burden on the defendants, some of whom have agreed to the stay.
The parties' 27 status letter indicates that Defendants Woodmere Fire District, Woodmere Volunteer Fire Department, and Ronna Rubenstein (collectively, Woodmere Fire Defendants) oppose the stay and instead wish to proceed with their anticipated motion to dismiss and if the Court denies the motion, they consent to a further stay of this proceeding pending the resolution of Plaintiff's criminal appeal. However, the Woodmere Fire Defendants have not provided the Court with sufficient facts or arguments to demonstrate how a further stay would prejudice them or otherwise warrant lifting the stay under the governing factors this Court must consider. Therefore, the Court agrees with Plaintiff and the Nassau County Defendants that a stay of this matter is warranted at this time. The stay of the entire litigation is in effect until seven days after the final disposition of Plaintiff's criminal proceedings, which includes any appeals and filing post-trial motions, or until further Order of the Court. Plaintiff's counsel shall file with the Court a written update of the status of the proceedings every 180 days (with the first such report due on November 17, 2024) until Plaintiff's post-trial motions and any state-court appeals from his criminal conviction have been fully resolved.Ordered by Judge Nina R. Morrison on 5/17/2024. (RS) -
Answer | Filed: May 16, 2024 | Entered: May 16, 2024 Karkowsky v. Nassau County et al
Civil Rights: Other | New York Eastern
Answer to Complaint
ANSWER to 1 Complaint, by Juan Giron, Richard C. Lee, Nassau County, Aileen E. Newbold. (Reissman, Ralph)
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Order | Filed: May 07, 2024 | Entered: May 07, 2024 Karkowsky v. Nassau County et al
Civil Rights: Other | New York Eastern
Order(Other)
ORDER: The Court is in receipt of the parties' 27 status letter. Given the Court's pending review of the request to stay the case pending final resolution of Plaintiff's criminal proceedings, including any post-trial motions and appeals, the deadline for the County Defendants to answer or otherwise respond to the Complaint is extended to May 16, 2024.Ordered by Judge Nina R. Morrison on 5/7/2024. (RS)
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