Stone v. Fisher

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX PATRICK STONE, : Plaintiff, : : 20-CV-1818 (JMF) -v- : : ORDER JOSEPH FISHER, : Defendant. : wee KX JESSE M. FURMAN, United States District Judge: On August 30, 2021, Plaintiff requested a stay of the Court’s consideration of the summary judgment motion filed by Defendant. See ECF No. 87. On August 31, Defendant filed a letter opposing the stay. See ECF No. 89. Plaintiffs request for a stay is hereby DENIED because, among other things, Plaintiff fails to provide any basis for granting a stay. See also, e.g., Burlington Coat Factory Warehouse Corp. v. Esprit De Corp., 769 F.2d 919, 926 (2d Cir. 1985) (“Rule 56. . . requires the opponent of a motion for summary judgment who claims to be unable to produce evidence in opposition to the motion to file an affidavit explaining: 1) the nature of the uncompleted discovery, 1.e., what facts are sought and how they are to be obtained; and 2) how those facts are reasonably expected to create a genuine issue of material fact; and 3) what efforts the affiant has made to obtain those facts; and 4) why those efforts were unsuccessful.”). The Clerk of Court is directed to terminate ECF No. 87. SO ORDERED. Dated: August 31, 2021 New York, New York SSE M-FURMAN nited States District Judge