Banyan v. Sikorski

Opinion

Tey

THE City OF NEW YoRK MURIEL GOODE-TRUFANT LAW DEPARTMENT KELLYANNE HOLOHAN Corporation Counsel 100 CHURCH STREET Senior Counsel NEW YORK, N.Y. 10007 Tel: □□□□□□□□□□□□ Fax: (212) 356-3509 June 5 > 2025 kholohan@law.nyc.gov The joint request for a stay of the motion for attorneys fees is GRAN’ The stay shall expire thirty days after the decision is entered in Plaint VIA ECF appeal to the Second Circuit. The parties shall provide updates to the Honorable Jennifer L. Rochon on the status of the appeal every six months, the first of which shall b United States District Judge December 5, 2025. Southern District of New York SO ORDERED. 500 Pearl Street Date: June 5, 2025 New York, NY 10007 New York, New York Ke fecal L. ROCHON Re: — Banyan v. Tennariello, United States District Judge 17-cv-04942 (JLR) Your Honor: I am a Senior Counsel in the office of Muriel Goode-Trufant, representing the defendant in the above-referenced matter. I write on behalf of the parties jointly to respectfully request that your Honor grant a stay in motion practice for attorney’s fees until thirty days after Plaintiffs appeal is decided.! By way of brief procedural background, the parties proceeded to trial on April 7, 2025. See Civil Docket Entry dated April 7, 2025. On April 14, 2025, the jury rendered a verdict that Officer Tennariello had used excessive force and awarded $1 nominal damages. See Civil Docket Entry dated April 14, 2025. On May 5, 2025, the Court entered judgment. See Civil Docket Entry No. 368. On May 28, 2025, plaintiff filed his motion to be awarded partial attorney’s fees and costs. See Civil Docket Entry Nos. 380-382. On June 3, 2025, plaintiff filed his notice of appeal. See Civil Docket Entry No. 383. Defendant has not yet filed its opposition. “[N]otwithstanding a pending appeal, a district court retains residual jurisdiction over collateral matters, including claims for attorneys’ fees. If an appeal on the merits of the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after

‘Plaintiff joins in this request with the understanding that pursuant to the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York § 54.1, the deadline for any party to file a bill of costs is stayed until 30 days after the outcome of the appeal by operation of law.

the appeal has been resolved.” Mar-Can Transp. Co. v. Loc. 854 Pension Fund, No. 20 Civ. 8743 (CS), 2024 U.S. Dist. LEXIS 149375 (S.D.N.Y. August 21, 2024) (internal citations omitted) (citing Tancredi v. Metro. Life Ins. Co., 378 F.3d 220, 225 (2d Cir. 2004); Topps Co. Inc. v. Koko’s Confectionary & Novelty, No. 16 Civ. 5954, 2020 U.S. Dist. LEXIS 191302, at *2 (S.D.N.Y. Oct. 15, 2020) (quoting Fed. R. Civ. P. 54(d)(2) Advisory Committee’s Note (1993)) Mindful of this Court’s preference for the parties to work together and come to agreement whenever possible, the parties have conferred and mutually agree that, in light of plaintiff’s appeal on the merits, a stay of motion practice on attorney’s fees in this matter is appropriate. Accordingly, the parties jointly and respectfully request that the Court grant a stay in motion practice for attorney’s fees until thirty days after Plaintiff’s appeal is decided. Respectfully Submitted, KellyAnne Holohan Senior Counsel Special Federal Litigation Division cc: All Counsel of Record (By ECF)