USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: That’s What She Said, Inc., DATE FILED:_ 09/03/2024 Plaintiff, 1:22-cv-04230 (KPF) (SDA) -against- ORDER Gutter Games, Inc., et al., Defendants.

STEWART D. AARON, United States Magistrate Judge: Following a telephone conference held today, and as discussed on the record, it is hereby ORDERED that, no later than September 6, 2024, Plaintiff shall file a letter apprising the Court whether it will be withdrawing the pending appeal.* In the event that Plaintiff withdraws the appeal, then no later than September 13, 2024, the parties shall file a joint letter supplying a revised briefing schedule for the referred inquest. In the event that Plaintiff does not withdraw the appeal, then no later than September 13, 2024, the parties shall file a joint letter indicating their respective positions as to whether the pending appeal divests this Court of jurisdiction. SO ORDERED. Dated: New York, New York September 3, 2024

STEWART D. AARON United States Magistrate Judge

making its decision was to whether or not to withdraw the appeal, as discussed during the conference, Plaintiff may wish to review the Opinion in LOD, LLC v. 1442 Lexington Op. DE LLC,

(2d Cir. 2023). * In this regard, as discussed during the conference, the parties may wish to review the Opinion in LaSalle Bank N.A. v. Capco Am. Sec. Corp., No. 02-CV-09916 (RLC),

(S.D.N.Y. May 6, 2006).