Noelia Bernardina Candelaria v. Servpro Commercial LLC et al

S.D. New York

Noelia Bernardina Candelaria v. Servpro Commercial LLC et al

DecidedOctober 15, 2025

Docket1:24-cv-02164

StatusUnknown

This text of Noelia Bernardina Candelaria v. Servpro Commercial LLC et al (Noelia Bernardina Candelaria v. Servpro Commercial LLC et al) 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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Noelia Bernardina Candelaria v. Servpro Commercial LLC et al, (S.D.N.Y. 2025).

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NOELIA BERNARDINA CANDELARIA, Plaintiff, 24 Civ. 02164 (JHR) (BCM) -v.- ORDER SERVPRO COMMERCIAL LLC et al, Defendants. JENNIFER H. REARDEN, District Judge: Before the Court are Defendant CBRE Inc.’s (“CBRE”) motion to dismiss, ECF No. 85, and CBRE’s motion to stay discovery pending resolution of the motion to dismiss, ECF No. 92. Consistent with the Court’s referral of this case to Judge Moses for general pretrial supervision, Judge Moses will resolve non-dispositive pretrial motions. See ECF No. 33. When “determining whether to grant a stay of discovery pending a motion,” Judge Moses may consider, inter alia, “the strength of the motion to dismiss.” Morgan Art Found. Ltd. v. McKenzie, No. 18 Civ. 4438 (AT) (BCM), 2020 WL 6135113, at *3 (S.D.N.Y. Oct. 18, 2020). In an effort to achieve a faster disposition of this matter, to conserve resources, and to promote judicial efficiency, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Judge Moses, including disposition of CBRE’s motion to dismiss. If the parties consent to proceed before Judge Moses, counsel for Defendants must, by October 31, 2025, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO- 3.pdf). The executed form should be filed using the “Proposed Consent to Jurisdiction by US

Magistrate Judge” filing event in accordance with ECF Rule 13.27. If the Court approves that form, then all further proceedings will be conducted before Judge Moses. If either party does not consent to conducting all further proceedings before Judge Moses, then the parties must file a joint letter, by October 31, 2025, informing the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. Dated: October 15, 2025 New York, New York Maes yc bp Reardon ENNIFER H. REARDEN nited States District Judge

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NOELIA BERNARDINA CANDELARIA, Plaintiff, 24 Civ. 02164 (JHR) (BCM) -v.- ORDER SERVPRO COMMERCIAL LLC et al, Defendants. JENNIFER H. REARDEN, District Judge: Before the Court are Defendant CBRE Inc.’s (“CBRE”) motion to dismiss, ECF No. 85, and CBRE’s motion to stay discovery pending resolution of the motion to dismiss, ECF No. 92. Consistent with the Court’s referral of this case to Judge Moses for general pretrial supervision, Judge Moses will resolve non-dispositive pretrial motions. See ECF No. 33. When “determining whether to grant a stay of discovery pending a motion,” Judge Moses may consider, inter alia, “the strength of the motion to dismiss.” Morgan Art Found. Ltd. v. McKenzie, No. 18 Civ. 4438 (AT) (BCM), 2020 WL 6135113, at *3 (S.D.N.Y. Oct. 18, 2020). In an effort to achieve a faster disposition of this matter, to conserve resources, and to promote judicial efficiency, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Judge Moses, including disposition of CBRE’s motion to dismiss. If the parties consent to proceed before Judge Moses, counsel for Defendants must, by October 31, 2025, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO- 3.pdf). The executed form should be filed using the “Proposed Consent to Jurisdiction by US

Magistrate Judge” filing event in accordance with ECF Rule 13.27. If the Court approves that form, then all further proceedings will be conducted before Judge Moses. If either party does not consent to conducting all further proceedings before Judge Moses, then the parties must file a joint letter, by October 31, 2025, informing the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. Dated: October 15, 2025 New York, New York Maes yc bp Reardon ENNIFER H. REARDEN nited States District Judge

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