Henry v. Major League Baseball Advanced Media, L.P.
- Gregory Woods
- 1:24-cv-01446
- U.S. District Court · Southern District of New York
- 2
In Henry v. Major League Baseball Advanced Media, Magistrate Judge Gorenstein deemed three motions to dismiss withdrawn while awaiting Second Circuit action.
Bryan Henry, Aaron Golland et al., Eric Wong et al., and Major League Baseball Advanced Media, L.P. or MLB Advanced Media, L.P., the parties in the three cases.
What happened
Henry v. Major League Baseball Advanced Media, L.P. is one of three related cases involving motions to dismiss that could be affected by a recent Second Circuit decision, Solomon v. Flipps Media, Inc. The parties told the court that the Solomon appellant planned to seek further review.
In two of the cases, the plaintiffs asked the court to wait before deciding the motions. The defendant did not object. The three cases are Bryan Henry’s case, Aaron Golland et al.’s case, and Eric Wong et al.’s case against Major League Baseball Advanced Media, L.P. or MLB Advanced Media, L.P.
The court granted the request and deemed all three pending motions to dismiss withdrawn. The defendant may reinstate them by filing letters within 14 days after the Second Circuit resolves the Solomon matter. Magistrate Judge Gabriel W. Gorenstein entered the order.
The detailed version
- Henry v. Major League Baseball Advanced Media, L.P. · No. 1:24-cv-01446
- Gregory Woods
- June 11, 2025
Background
This order addresses three related cases: Henry v. Major League Baseball Advanced Media, L.P., No. 24 Civ. 1446; Aaron Golland et al. v. Major League Baseball Advanced Media, L.P., No. 24 Civ. 6270; and Eric Wong et al. v. MLB Advanced Media, L.P., No. 25 Civ. 777. Each case had a pending motion to dismiss.
The parties’ briefing showed that the Second Circuit’s recent decision in Solomon v. Flipps Media, Inc. was important to the pending motions. The parties reported that the appellant in Solomon intended to seek panel rehearing or rehearing en banc by June 14, 2025. In two cases, the plaintiffs asked the court to delay deciding the motions until that request was resolved. The defendant did not object.
Ruling
To promote judicial efficiency, the court granted the request. It deemed the three pending motions to dismiss withdrawn: Docket No. 41 in No. 24 Civ. 1446, Docket No. 35 in No. 24 Civ. 6270, and Docket No. 29 in No. 25 Civ. 777. The defendant may reinstate the motions by filing a letter in each case within 14 days after the Second Circuit resolves the Solomon matter. Any letter must state whether the parties request additional briefing and, if so, propose a briefing schedule. The order did not decide the merits of the motions to dismiss. Magistrate Judge Gabriel W. Gorenstein entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.