USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: JOSEPH REIVER, DATE FILED: __4/8/2025 Plaintiff, 1:25-cv-1376-MKV -against- ORDER THE CITY OF NEW YORK, Defendant.

MARY KAY VYSKOCIL, United States District Judge: The Court is in receipt of the parties’ letters concerning the City’s contemplated motion to dismiss this case [ECF Nos. 31, 32]. However, Plaintiff has filed an interlocutory appeal of the Court’s Opinion and Order Denying Plaintiff’s Application for Emergency Relief [ECF Nos. 29, 30]. “An appeal, including an interlocutory appeal, ‘divests the district court of its control over those aspects of the case involved in the appeal.’” Coinbase, Inc. v. Bielski,

(2023) (quoting Griggs v. Provident Consumer Discount Co.,

(1982)). As such, by April 15, 2025, the parties shall file a joint letter stating their positions on whether the Court has jurisdiction to entertain a motion to dismiss this entire case while Plaintiff’s interlocutory appeal of the Court’s earlier Opinion and Order remains pending. SO ORDERED.

Date: April 8, 2025 MARY (RAY fo a New York, NY United States District Judge