Berryman v. Reading International, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HALEY BERRYMAN etal., Plaintiffs, 24 Civ. 750 (PAE) ~ ORDER READING INTERNATIONAL, INC. Defendant.

PAUL A, ENGELMAYER, District Judge: On October 15, 2024, plaintiff Haley Berryman (“Berryman”), on behalf of herself and others similarly situated, filed a letter notifying the Court of the Second Circuit’s decision that day in Salazar v. Nat’! Basketball Ass'n, No. 23 Civ. 1147, 2024 WL 4487971 (2d Cir. Oct.

15, 2024). See Dkt. 26. The decision in Salazar appears to undermine the motion te dismiss and/or to strike by defendant Reading International, Inc. (“Reading”) directed at Berryman’s claim under the Video Privacy Protection Act (“VPPA”). It is not clear to the Court whether Reading, in light of Sa/azar, will continue to take the position that the VPPA claim does not state aclaim. The Court thereby directs the parties to make supplemental letter submissions on the motion to dismiss the VPPA claim in light of Salazar.

Reading’s letter is due November 1, 2024, and shail state whether Reading continues to move to dismiss the VPPA claim, and if so, explain why that motion is compatible with Salazar.

In the event that Reading continues to move against the VPPA claim, Berryman’s opposition is due November 15, 2024. Any reply is due November 22, 2024. For avoidance of doubt, the parties’ letter submissions are not to address Berryman’s claim under the New York Arts and Cultural Affairs Law.

SO ORDERED.

PAUL A. ENGELMA YER.

United States District Judge Dated: October 18, 2024