Golden v. NBCUniversal Media, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHERHONDA GOLDEN, Plaintiff, 22 Civ. 9858 (PAE) ~ ORDER NBCUNIVERSAL MEDIA, LLC, Defendant.

PAUL A. ENGELMAYER, District Judge: On September 11, 2024, the Court issued a decision granting the motion of defendant NBCUniversal Media, LLC (“NBCU”) to dismiss the complaint of plaintiff Sherhonda Golden.

Dkt. 44. In dismissing, however, the Court recognized that an appeal was pending in Salazar v. Basketball Ass’n, 685 F. Supp. 3d 232 (8.D.N.Y. 2023) (“Salazar”), which this Court had followed in granting the motion to dismiss. See Dkt. 44 at 13 n.7. The Court stated that: “In the event the Second Circuit resolves Salazar in a manner inconsistent with this decision, Golden may move for relief from this judgment under Federal Rule of Civil Procedure 60(b)(5), or, if this case is then on appeal, seek an indicative ruling from this Court under Rule 62.1.” Jd.

The Second Circuit’s decision vacating Salazar issued on October 15. See Salazar v. Nat’! Basketball Ass’n, No. 23 Civ. 1147, 2024 WL 4487971 (2d Cir. Oct. 15, 2024). The Circuit’s decision there clearly calls the decision to dismiss this case — now itself on appeal to the Second Circuit -- into question. In the interest of expediting this litigation, and in avoiding the cost and time of appellate litigation that is highly likely to lead to remand, this Court directs counsel for Golden and NBCU promptly to confer, with an eye towards agreeing upon on a stipulation or other mechanism to secure the expedited remand of the case to this Court, for reconsideration in light of the Circuit’s decision in Salazar.

SO ORDERED, ag, ‘ ( A boa Paul A. Engelmayer’ United States District Judge Dated: October 18, 2024 New York, New York