Shaw v. American Textile Company, Inc. ( 2024 )

BURSOR. FISHER 1330 Avenue of the Americas ALEC LESLIE New York, NY 10019 Tel: 646.837.7150 www.bursor.com Fax: 212.989.9163 aleslie@bursor.com March 7, 2024 USDC SDNY Via ECF DOCUMENT The Honorable Gregory H. Woods ELECTRONICALLY FILED United States District Court for the Southern District of New York DOC #:__ 500 Pearl Street DATE FILED: _3/7/2024 _ New York, New York 10007-1312 MEMORANDUM ENDORSED Re: Shaw v. American Textile Company, Inc., Case No. 1:23-cv-10193-GHW-JLC Dear Judge Woods, My firm represents Plaintiff Kevin Shaw (‘Plaintiff’) in the above-referenced matter. Pursuant to Rule 1(F) of Your Honor’s Individual Rules of Practice, and together with counsel for Defendant, the parties jointly write to request that the Court issue an order staying this case pending the resolution of Lancaster v. American Textile Company, Inc., Case No. 1:22-cv-1280 (N.D.N.Y). A proposed order was filed earlier today. The parties agree that the Court should enter the proposed order. The parties respectfully submit that the Court has the authority to stay this action pending the Lancaster matter because the Court is empowered to control its own docket, including to stay proceedings, see Landis v. N. Am. Co., 299 U.S. 248, 254 (1936), and courts have used this inherent authority to stay a second- filed action in favor of the first-filed suit. See, e.g., Bell Semiconductor, LLC v. ASMedia Tech., 2023 WL 4296089, at *2 (S.D.N.Y. June 30, 2023) (staying case pending resolution of the first- filed action because doing so would “preserve resources, and avoid conflicting judicial decisions”); Samsung Elecs. v. Solas Oled Ltd., 2022 WL 294631, at *4 (S.D.N.Y. Feb. 1, 2022) (staying action pending proceedings in case with overlapping claims and issues). The parties respectfully submit a stay is appropriate here given the substantial overlap between this case and Lancaster. The parties propose providing the Court with an update within ten (10) days after the outcome of Lancaster is determined. granted. The parties’ request to stay this matter pending of Lancaster v. American Textile Company, Inc., No. 1:22- (N.D.N.Y.) is granted. Dkt. No. 26. The parties are directed Very truly yours, bmit a joint status letter by September 7, 2024 or within 10 days the resolution of Lancaster, whichever is earlier. Defendant's Vacf— motion to dismiss 1s treated as withdrawn given the stay. may renew its motion to dismiss at a later time as Alec Leslie The Clerk of Court is directed to terminate the motions at Dkt. Nos. 23, 26, and note the stay of this case on the $n Wl March 7, 2024 GRE H. WOODS