City Of New York v. Exxon Mobil Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE CITY OF NEW YORK, Plaintiff, 1:21-CV-04807(VEC) -against- ORDER EXXON MOBIL CORPORATION, Defendant.

VALERIE CAPRONI, United States District Judge: WHEREAS on July 7, 2021, Plaintiff filed a motion to remand to state court, see Dkt. 37; WHEREAS on November 12, 2021, the Court stayed this action pending the Second Circuit’s decision in Connecticut v. Exxon Mobil Corp., No. 21-1446, Dkt. 80 (2d Cir. Oct. 5, 2021), see Dkt. 58; WHEREAS on September 27, 2023, the Second Circuit issued its decision in Connecticut v. Exxon Mobil Corp., No. 21-1446, 2023 WL 6279941 (2d Cir. Sept. 27, 2023),affirming the district court’s order remanding the case to state court; and WHEREAS on October 2, 2023, Plaintiff requested that the Court lift the stay and decide Plaintiff’s pending motion to remand, see Dkt. 62.

IT IS HEREBYORDEREDthat the stay of all proceedings entered on November 12, 2021,is LIFTED.

IT IS FURTHER ORDERED that Plaintiff’s motion to remand to state court is DENIED without prejudiceand with leave to refile. Plaintiff may resubmit its motion for remand, in light of the Second Circuit’s decision in Connecticut v. ExxonMobil Corp., No. 21-1446, 2023 WL 6279941 (2d Cir. Sept. 27, 2023), not later than Friday, October 20, 2023. Defendant must respond by Tuesday, November 14, 2023. Plaintiffs reply brief must be filed not later than Friday, December 8, 2023.

IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate the open motion at docket entry 37.

SO ORDERED.

Dated: October 4, 2023 . 1 New York, New York \o Qe (en VALERIE CAPRONI United States District Judge