JLM Couture, Inc. v. Gutman
- Laura Swain
- 1:20-cv-10575
- U.S. District Court · Southern District of New York
- 1
In JLM Couture v. Gutman, Judge Swain ordered briefing on whether the court could modify or dissolve an injunction during an appeal.
JLM Couture, Inc. and Hayley Paige Gutman, the parties directed to address the court’s authority concerning the preliminary injunction.
What happened
JLM Couture, Inc. v. Gutman concerns the defendant’s motion to dissolve a preliminary injunction while an appeal was pending.
The court directed both parties to address whether it had authority to modify or dissolve the injunction without permission from the appeals court. The order cited a Second Circuit decision interpreting that authority narrowly.
Judge Swain issued a briefing directive but did not decide the motion to dissolve the injunction.
The detailed version
- JLM Couture, Inc. v. Gutman · No. 1:20-cv-10575
- Laura Swain
- May 7, 2021
Background
The defendant filed a motion to dissolve a preliminary injunction. While directing the parties to brief that motion, the court identified a question about its jurisdiction, meaning its legal authority, to modify or dissolve the injunction while an appeal was pending.
Issue Identified by the Court
The parties were ordered to address whether the district court could modify or dissolve the preliminary injunction without the consent of the court of appeals. The order cited International Ass’n of Machinists and Aerospace Workers, AFL-CIO v. Eastern Air Lines, Inc., which stated that Federal Rule of Civil Procedure 62(d) had been narrowly interpreted to allow a district court to grant only relief necessary to preserve the existing situation during an appeal when the appeals court had not consented. The order also cited Ideal Toy Corp. v. Sayco Doll Corp.
Disposition
Judge Laura Taylor Swain ordered the parties to address the jurisdictional question in their briefing. The order did not grant or deny the motion to dissolve the preliminary injunction and did not resolve whether the court had authority to take that action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.