Urena v. Sonder USA Inc.

Background

Christian Urena brought this proposed class action against Sonder USA Inc. Judge Marrero had previously stayed the case while awaiting possible review by the New York Court of Appeals of a decision in Grant v. Global Aircraft Dispatch, Inc. The issue in Grant was considered relevant to this action. At the time of the earlier stay, a request for permission to appeal to the New York Court of Appeals had been fully submitted to the New York Appellate Division, Second Department.

Nearly a year later, the Second Department had not ruled on that request. The court therefore found it unclear whether the New York Court of Appeals would review the issue, and stated that any such review remained far off if it occurred. Other courts in the Southern District of New York had allowed cases involving the same legal issue to proceed.

Court’s Reasoning

The court noted that this case had been filed in 2022 and that no discovery had taken place. It found that continuing the stay would create a prolonged delay that would prejudice Urena and potentially members of the proposed class. The court concluded that delaying the case for a decision that might never occur would not serve the interests of justice.

Ruling and Next Steps

The court lifted the stay. Each party was permitted to submit, by March 18, 2025, a letter no longer than four single-spaced pages containing supplemental authority relevant to the pending motion to dismiss. The court also stated that it would refer the parties to the court-annexed Mediation Program through a separate order. If the parties believed limited discovery was needed to facilitate mediation, they were directed to discuss its scope and promptly bring any disputes to the court under its civil-case rules. The Clerk of Court was directed to lift the stay. This order did not decide the pending motion to dismiss or the merits of the proposed class action.