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S.D.N.Y.Procedural orderFiled Sept. 30, 2022

347 Townhouse, LLC v. Citibank, N.A.

Judge
Rochon
Docket
1:19-cv-00542
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In 347 Townhouse v. Citibank, Judge Rochon ordered the parties to update the court by January 29, 2023, without deciding the pending motion to dismiss.

Who this affects

The plaintiffs, 347 Townhouse, LLC and the other plaintiffs identified in the case caption, and Citibank, N.A.; the order requires the parties to provide a status update.

What happened

In 347 Townhouse, LLC v. Citibank, N.A., the parties told the court that the Second Circuit had decided a related case and jointly requested more time to provide an update.

The court had previously terminated Citibank’s motion to dismiss the amended complaint while awaiting that decision. The parties sought additional time because further petitions might be filed in the related case.

Judge Jennifer L. Rochon ordered the parties to update the court about the status of this case by January 29, 2023. The order did not decide the motion to dismiss or the underlying dispute.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
347 Townhouse, LLC v. Citibank, N.A. · No. 1:19-cv-00542
Judge
Rochon
Date
Sept. 30, 2022

Background

The court received the parties’ joint letter dated September 29, 2022. The letter responded to the court’s September 15, 2022 reassignment order and informed the court that the Second Circuit had decided Cantero v. Bank of America, N.A.

Motion Status

Citibank’s motion to dismiss the amended complaint had been terminated while the related Second Circuit case was being resolved, subject to reinstatement after a decision issued. Although the Second Circuit had issued its decision, the parties jointly requested additional time to provide an update and address possible reinstatement of the motion because further petitions might be filed in the Second Circuit or the United States Supreme Court.

Ruling

Judge Jennifer L. Rochon ordered the parties to update the court about the status of the case no later than January 29, 2023. The order did not reinstate or decide the motion to dismiss and did not resolve the underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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