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S.D.N.Y.Procedural orderFiled Aug. 26, 2024

Rowe Plastic Surgery of New Jersey, L.L.C. v. BCBS of North Carolina

Judge
Colleen McMahon
Docket
1:23-cv-06238
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Rowe Plastic Surgery v. Aetna was stayed pending appeal, and Judge McMahon denied an extension motion as moot.

Who this affects

Rowe Plastic Surgery of New Jersey, L.L.C. and the other plaintiffs, Aetna Life Insurance Company, and the proceedings in the three listed cases.

What happened

Rowe Plastic Surgery of New Jersey, L.L.C. v. Aetna Life Insurance Company involves three listed cases that the court stayed while an appeal in related litigation was pending.

The court directed the parties to notify it jointly within seven days after the appeal was decided, dismissed, or otherwise ended.

Judge Colleen McMahon denied Aetna’s pending motion for more time in Case No. 23-cv-08298 as moot and directed the clerk to remove it from the list of open motions.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Rowe Plastic Surgery of New Jersey, L.L.C. v. BCBS of North Carolina · No. 1:23-cv-06238
Judge
Colleen McMahon
Date
Aug. 26, 2024

Procedural posture

The court entered an order staying the three listed cases pending an appeal of an earlier decision in related litigation.

Order

The parties must jointly notify the court by letter within seven days after the appeal is decided, dismissed, or otherwise terminated. The court also denied the defendant’s pending motion for an extension of time in Case No. 23-cv-08298 as moot and directed the clerk to remove that motion from the court’s list of open motions.

Effect

The order pauses the three cases while the appeal remains unresolved. It does not decide the underlying dispute. The opinion’s scanned text appears to say “DENTED” rather than “DENIED” when describing the extension motion; the surrounding language indicates that “denied as moot” was intended.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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