Khen v. US Coachways, Inc.

Opinion

NE WILSONELSER

Stefanie L. Shmil 212.915.5289 (direct) Stefanie.Shmil @ wilsonelser.com May 3, 2024 VIA ECF Honorable Jennifer Rochon United States Courthouse 500 Pearl Street New York, New York 10007 Re: Elie Khen, et al v. US Coachways, Inc., et al Docket No. 23-cv-10762-JLR Our File No. 25891.00001 Dear Honorable Judge Rochon, We represent US Coachways, Inc. in the above-referenced matter. Pursuant to the parties’ so- ordered discovery schedule, the parties were scheduled to exchange discovery demands today. However, in light that plaintiffs recently amended their complaint, defendant’s time to respond to the amended complaint has not yet lapsed. Defendant also intends to file an answer and Fed. R. Civ. P. 12(c) motion to dismiss the amended pleadings. As such, defendant respectfully requests that the internal discovery dates be stayed pending the Court’s order of defendant’s Fed. R. Civ. P. 12(c) motion. We thank the Court for its time and attention in this matter. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP ret X )7 By: Mi Ke □□ Celenh R. Mayo Stefanie L. Shmil Attorneys for Defendant US Coachways, Inc. 150 East 42nd Street New York, New York 10017 Tel: (212) 490-3000 Fax: (212) 490-3038 Celena.Mayo @ wilsonelser.com Stefanie.Shmil @ wilsonelser.com Our File No. 25891.00001

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Via ECF The motion to stay discovery is denied without prejudice. Carl Zapffe The Court cannot decide whether to stay discovery pending Held & Hines, LLP resolution of Defendant's anticipated Rule 12(c) motion until Attorneys for Plaintiffs said motion is filed. See Del Mar TIC I, LLC v. Bancorp 622 Third Avenue, Suite 600 Bank, No. 23-cv-08999 (JLR), 2024 WL 1348501, at *1 New York, New York 10017 (S.D.N.Y. Mar. 29, 2024) (in deciding whether to stay discovery, courts consider, among other factors, "the strength Deborah Blum of the pending motion forming the basis of the request for Deca Trust C/O Vulcan Inc. stay" (citation omitted)). Defendant may renew its motion to 505 Union Station stay discovery upon the filing of its Rule 12(c) motion. 505 Fifth Avenue, Suite 900 SO ORDERED. Seattle, Washington 98104 Dated: May 6, 2024 deborahblum @ gmail.com New York, New York 5 ak — kicker NNIEFER L. ROCHON United States District Judge

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