Fischer v. Brushy Mountain Bee Farm, Inc.

S.D. New York

Fischer v. Brushy Mountain Bee Farm, Inc.

DecidedJune 1, 2023

Docket1:17-cv-10094

StatusUnknown

This text of Fischer v. Brushy Mountain Bee Farm, Inc. (Fischer v. Brushy Mountain Bee Farm, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fischer v. Brushy Mountain Bee Farm, Inc., (S.D.N.Y. 2023).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JAMES H. FISCHER,

Plaintiff, 17 Civ. 10094 (PAE) -v- ORDER BRUSHY MOUNTAIN BEE FARM, INC. ET AL.,

Defendants.

PAUL A. ENGELMAYER, District Judge: On February 26, 2019, the Honorable Ona T. Wang, Magistrate Judge, issued a Report and Recommendation as to defendants’ motion to dismiss. Dkt. 49. The Court thereafter stayed the case, Dkt. 51, and withheld its ruling pending the outcome of settlement discussions, Dkt. 57. The Court is now turning its attention to this matter. Given that plaintiff’s most recent updates indicated the potential for settlement, the Court directs the parties to file, no later than June 8, 2023, a joint update as to the status of this case as well as the parties’ views on the implications, if any, of the Second Circuit’s decision in Fischer v. Forrest, 968 F.3d 216 (2d Cir. 2020), on this case.

SO ORDERED.

__________________________________ PAUL A. ENGELMAYER United States District Judge Dated: June 1, 2023 New York, New York

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JAMES H. FISCHER,

Plaintiff, 17 Civ. 10094 (PAE) -v- ORDER BRUSHY MOUNTAIN BEE FARM, INC. ET AL.,

Defendants.

PAUL A. ENGELMAYER, District Judge: On February 26, 2019, the Honorable Ona T. Wang, Magistrate Judge, issued a Report and Recommendation as to defendants’ motion to dismiss. Dkt. 49. The Court thereafter stayed the case, Dkt. 51, and withheld its ruling pending the outcome of settlement discussions, Dkt. 57. The Court is now turning its attention to this matter. Given that plaintiff’s most recent updates indicated the potential for settlement, the Court directs the parties to file, no later than June 8, 2023, a joint update as to the status of this case as well as the parties’ views on the implications, if any, of the Second Circuit’s decision in Fischer v. Forrest, 968 F.3d 216 (2d Cir. 2020), on this case.

SO ORDERED.

__________________________________ PAUL A. ENGELMAYER United States District Judge Dated: June 1, 2023 New York, New York

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Fischer v. Brushy Mountain Bee Farm, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-brushy-mountain-bee-farm-inc-nysd-2023.