Fischer v. Brushy Mountain Bee Farm, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JAMES H. FISCHER, Plaintiff, 17 Civ. 10094 (PAE) -v- ORDER BRUSHY MOUNTAIN BEE FARM, INC. ET AL., Defendants.

PAUL A. ENGELMAYER, District Judge: On February 26, 2019, the Honorable Ona T. Wang, Magistrate Judge, issued a Report and Recommendation as to defendants’ motion to dismiss. Dkt. 49. The Court thereafter stayed the case, Dkt. 51, and withheld its ruling pending the outcome of settlement discussions, Dkt. 57.

The Court is now turning its attention to this matter. Given that plaintiff’s most recent updates indicated the potential for settlement, the Court directs the parties to file, no later than June 8, 2023, a joint update as to the status of this case as well as the parties’ views on the implications, if any, of the Second Circuit’s decision in Fischer v. Forrest, 968 F.3d 216 (2d Cir. 2020), on this case.

SO ORDERED.

__________________________________ PAUL A. ENGELMAYER United States District Judge Dated: June 1, 2023 New York, New York