Lamb v. Forbes Media LLC

Opinion

1 ELECTRONICALLY FILED Holland & Knight DATE FILED: _ 12/4/2024 787 Seventh Avenue, 31st Floor | New York, NY 10019 | T 212.513.3200 | F 212.385.9010 Holland & Knight LLP | www.hklaw.com Mark S. Melodia +1 212-513-3583 Mark.Melodia@hklaw.com

December 3, 2024 Via ECF and E-mail (ALCarterNYSDChambers@nysd.uscourts.gov) Hon. Andrew L. Carter, U.S.D.J. United States District Court Southern District of New York 40 Foley Square, Courtroom 435 New York, NY 10007 Re: = Lamb v. Forbes Media LLC, Case No. 1:22-cv-06319-ALC (S.D.N.Y.) JOINT LETTER MOTION FOR A STAY PENDING MEDIATION Dear Judge Carter: We write on behalf of all Parties to the above-referenced (the “Action’’) to jointly request that the Action be stayed pending formal mediation. On November 14, 2024, the Court so ordered the Parties’ proposal that Plaintiffs file an amended complaint within thirty days of the Second Circuit issuing its mandate in Salazar v. National Basketball Association, Case No. 23-1147 (2d Cir.). See Dkt.# 60. The Second Circuit issued the Salazar mandate on November 5, 2024. Thus, Plaintiffs’ current deadline to file an Amended Complaint is this Thursday, December 5, 2024. In advance of that deadline, the Parties conferred and have agreed to mediate the case. The Parties are in the process of selecting a mediator but anticipate that the mediation will occur in late-February or early-March. The Parties agree that (1) meaningful and productive settlement talks will occur between the Parties through mediation and, importantly, (11) mediation—coupled with a stay of litigation—will afford the Parties a cost-efficient manner in which to resolve the Action, while also promoting judicial economy. The power of a District Court to stay an action pending on its docket is “incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). In deciding whether a stay is appropriate, courts typically consider five factors: (1) the private interests of the plaintiffs in proceeding expeditiously with the civil litigation as balanced against the prejudice to the plaintiffs if delayed; (2) the private interests of and burden on the

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Hon. Andrew L. Carter, U.S.D.J. December 3, 2024 Page 2

defendants; (3) the interests of the courts; (4) the interests of persons not parties to the civil litigation; and (5) the public interest. Sikhs for Just. v. Nath, 893 F. Supp. 2d 598, 621 (S.D.N.Y. 2012). Here, each of these factors weighs in favor of a stay for purposes of avoiding costs and increasing the potential for a successful mediation process which fully disposes of this Action. For these reasons, the Parties jointly request that Your Honor grant this joint letter motion and stay the Action pending formal mediation. We thank the Court for its time and consideration.

Sincerely yours, HOLLAND & KNIGHT LLP BURSOR & FISHER P.A.

/S/ Phillip L. Fraietta Mark S. Melodia Phillip L. Fraietta Counsel for Defendant Counsel for Plaintiffs

ce: All counsel of record (via ECF)

HONCANDREWTL. GARTER, Jn. UNITED STATES DISTRICT JUDGE Dated: December 4, 2024 New York, NY The Court hereby STAYS the action pending formal mediation and ORDERS the Parties to submit a Joint Status Report regarding settlement discussions on or before January 3, 2025.