National Specialty Insurance Company v. James Gang Charters, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : NATIONAL SPECIALTY INSURANCE : COMPANY, : : Plaintiff, : 24-cv-3625 (VSB) : -against- : ORDER : JAMES GANG CHARTERS, LLC and : JESSE MAYER, : : Defendants. : : ----------------------------------------------------------X

VERNON S. BRODERICK, United States District Judge: On September 24, 2024, Defendants James Gang Charters, LLC and Jesse Mayer (collectively, “Defendants”) requested a stay in the instant case pending the appeal of Jesse Mayer’s criminal conviction pending in Florida. See State of Florida v. Jesse James Mayer, No. 19-10939-CF (Fla. Dist. Ct. App. 2023). On October 5, 2024, Plaintiff National Specialty Insurance Company informed this Court of their consent to the requested stay. “[A] court may decide in its discretion to stay civil proceedings when the interests of justice seem to require such action.” Kashi v. Gratsos, 790 F.2d 1050, 1057 (2d Cir. 1986) (internal quotations omitted). “In deciding whether to enter a stay, courts in this district generally consider: the interests of the defendant, the interests of the plaintiffs in proceeding with the litigation, the public interest, and the interests of the court and third parties.” Travelers Cas. & Sur. Co. v. Vanderbilt Grp., LLC, No. 01-cv-10695, 2002 WL 844345, at *2 (S.D.N.Y. May 2, 2002). Courts also look to the degree to which the civil issues overlap with the criminal issues. See Volmar Distributors, Inc. v. New York Post Co., 152 F.R.D. 36, 39 (S.D.N.Y. 1993). Here, there is a high degree of overlap between the criminal and civil claims as they both arise out of the same boating accident. Both parties consent to the stay, and both acknowledge that a stay will serve the ends of judicial economy and efficiency. I find that the interests of Justice require a stay of this case pending the outcome of State of Florida v. Jesse James Mayer, No. 19-10939-CF. It is hereby: ORDERED that this action is stayed, and it is further ORDERED that the parties shall file a joint letter noting the status of Defendant Mayer’s criminal appeal on March 10, 2025, and every 90 days thereafter.

Dated: October 9, 2024 f oer New York, New York Hy Vernon S. Broderick United States District Judge