SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X : ARCPE 1 LLC, : : Plaintiff, : : 22-CV-8996 (VSB) -against- : : ORDER 25 WEST 51 RETAIL LLC, RICHARD : WEISFISCH, and “JOHN DOE #1” through : “JOHN DOE #12,” the last twelve names being : fictitious and unknown to the Plaintiff, the : persons or parties, if any, having or claiming an : interest in or lien upon the premises described : in the Complaint, : : Defendants. : : --------------------------------------------------------- X

VERNON S. BRODERICK, United States District Judge: I am in receipt of Plaintiff ARCPE 1 LLC’s motion for Default Damages, Sale of the Mortgaged Property, and Related Relief (the “Default Damages Motion”), dated September 4, 2024. (Doc. 73.) Prior to Plaintiff’s filing the Default Damages Motion, Defendants filed a notice of appeal to the United States Court of Appeals for the Second Circuit from this Court’s Opinion & Order and Judgment, both dated May 22, 2024. (Doc. 71.) Because the filing of a notice of appeal generally divests a district court of jurisdiction, see Griggs v. Provident Consumer Disc. Co.,

(1982) (“The filing of a notice of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal.”), it is hereby ORDERED that the parties shall file a joint letter, by September 26, 2024, setting forth their respective positions as to whether I have jurisdiction to decide the Default Damages Motion notwithstanding the earlier-filed notice of appeal. SO ORDERED. Dated: | September 13, 2024 Hf New York, New York if Aree EH ee Cs □ VERNON S. BRODERICK United States District Judge