Willett v. Alexander
- Naomi Buchwald
- 1:24-cv-05672
- U.S. District Court · Southern District of New York
- 1
In Willett v. Alexander, Judge Buchwald struck the defendant’s motion filed without permission and directed an informal stay pending Second Circuit guidance.
The defendant and the other parties and counsel in Willett v. Alexander were affected by the striking of the motion and the informal stay; the parties were directed to monitor the Second Circuit’s docket and update the court.
What happened
In Willett v. Alexander, the defendant filed a motion to dismiss without first obtaining the court’s permission.
The court struck that motion from the docket. Because at least two cases addressing the same legal issue were pending in the Second Circuit, the court said an informal stay of at least six months was advisable and directed the parties to monitor developments.
Judge Naomi Reice Buchwald issued the order and directed the parties to keep the court informed about updates in the Second Circuit.
The detailed version
- Willett v. Alexander · No. 1:24-cv-05672
- Naomi Buchwald
- Mar. 18, 2025
Background
The court stated that the defendant had filed a motion to dismiss without obtaining permission to do so. The court had issued an order striking that motion from the docket. The opinion does not identify the legal issue raised by the motion.
Court’s Action
The court declined to direct counsel to comply with the court’s Individual Practice 2.B. at that time. It noted that at least two cases addressing the same issue were pending in the Second Circuit. Because the Second Circuit’s decision on that issue would bind the district court, the court said an informal stay for at least six months was advisable.
During the stay period, the court directed the parties to monitor the Second Circuit’s docket and keep the district court informed of any updates. The court did not decide the underlying legal issue or the merits of the motion to dismiss in this opinion.
Disposition
The defendant’s motion to dismiss was struck from the docket. The court also directed the parties to monitor the Second Circuit proceedings during an informal stay of at least six months.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.