Doe v. Alexander

District Court, S.D. New York

Doe v. Alexander

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Jane Doe, Plaintiff, y 25-CV-2106 (DEH) Alexander et al., MEMORANDUM ORDER Defendants.

DALE E. HO, United States District Judge: On March 13, 2025, Defendants moved to remove this action from the Supreme Court of the State of New York to the United States District Court for the Southern District of New York on the basis of diversity jurisdiction. See ECF No. 1. Since then, the parties have engaged in motions practice; most relevantly, Defendants filed a Motion to Dismiss on March 21, 2025. See ECF No. 9. But the Court has recently become aware of two pending appeals before the Second Circuit that raise issues substantially similar to the legal issues presented by Defendants here. See Parker v. Alexander, No. 24 Civ 4813,

2025 WL 268436

(S.D.N.Y.), appeal docketed No. 25-487 (2d Cir. Feb. 28, 2025); Doe v. Black, No. 23 Civ. 6418 (JGLC),

2024 WL 4335453

(S.D.N.Y. Sept. 27, 2024), appeal docketed No. 25-564 (2d Cir. Mar. 11, 2025). It is hereby ORDERED that the parties shall, by April 14, 2025, file a joint letter either requesting this case be stayed pending the Second Circuit’s resolution of Parker and Doe or explaining why this Court should not sua sponte stay this case given that the Circuit’s decision on the issues of law in Parker and Doe will be binding on this Court. SO ORDERED. Dated: April 7, 2025 New York, New York

DALE E. HO United States District Judge

Reference

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