Old Slip Benefits & Insurance Services, LLC v. Allstate Insurance Company
- Vincent Briccetti
- 7:25-cv-01110
- U.S. District Court · Southern District of New York
- 4
In Old Slip Benefits v. Allstate, Judge Clarke denied a hearing on preliminary relief while an appeal about that relief remained pending.
Old Slip Benefits & Insurance Services, LLC’s request for an immediate preliminary-injunction hearing was denied; the case itself remained scheduled to proceed toward trial, and the Second Circuit’s pending appeal could affect any later request for preliminary relief.
What happened
Old Slip Benefits & Insurance Services, LLC v. Allstate Insurance Company involved the plaintiff’s request for an immediate hearing on its motion for a preliminary injunction. The plaintiff had appealed an earlier ruling, and the status of the temporary or preliminary relief was pending before the Second Circuit.
The court said the appeal removed its authority to decide the requested preliminary relief because the same issue was before the appeals court. It also said the request might become moot, depending on the Second Circuit’s decision, and that the cited rule requiring a prompt hearing did not apply to the circumstances here.
The court denied the plaintiff’s requested relief and said it would revisit the issue after the Second Circuit ruled. Judge Jessica G. L. Clarke allowed the case to proceed toward trial while declining to address the preliminary relief.
The detailed version
- Old Slip Benefits & Insurance Services, LLC v. Allstate Insurance Company · No. 7:25-cv-01110
- Vincent Briccetti
- June 2, 2025
Background Old Slip Benefits & Insurance Services, LLC asked the court for an immediate hearing on its request for a preliminary injunction, a court order intended to provide temporary relief while a case is pending. The court had previously ruled against the requested relief. The plaintiff appealed that ruling, and the status of the temporary relief was pending before the U.S. Court of Appeals for the Second Circuit.
Reasoning The court held that the appeal deprived it of authority to decide the requested preliminary relief because the same issue was before the Second Circuit. The court explained that the appellate decision could determine whether the temporary restraining order had expired, whether it remained in effect, or whether an earlier ruling was itself a preliminary injunction. Those possibilities would determine whether a hearing was moot, necessary, or unnecessary.
The court rejected the plaintiff’s reliance on cases allowing some action during an interlocutory appeal. It explained that the court could continue addressing the merits of the case and move toward trial, but could not address the requested preliminary relief. The court also declined to hold a hearing under Federal Rule of Civil Procedure 65(b)(3), finding that provision inapplicable because it concerns temporary restraining orders issued without notice. It likewise declined to issue an indicative ruling under Rule 62.1.
Disposition The court denied the plaintiff’s requested relief and stated that it would revisit the issue after further action by the Second Circuit. The Clerk was directed to terminate the filing listed as ECF No. 50. The court did not dismiss the case; it stated that the parties would proceed toward trial.
Judge Judge Jessica G. L. Clarke issued the opinion and order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.