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S.D.N.Y.Procedural orderFiled June 1, 2023

Fischer v. Brushy Mountain Bee Farm, Inc.

Judge
Paul Engelmayer
Docket
1:17-cv-10094
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Fischer v. Brushy Mountain Bee Farm, Judge Engelmayer ordered a June 8, 2023 joint update about settlement and a related appellate decision.

Who this affects

The parties were required to file a joint case-status update by June 8, 2023, including their views about settlement and the possible relevance of the Second Circuit’s decision in Fischer v. Forrest.

What happened

In Fischer v. Brushy Mountain Bee Farm, the court had not yet ruled on the defendants’ motion to dismiss. A magistrate judge issued a recommendation about that motion in 2019.

The court had stayed the case and withheld its ruling while the parties discussed settlement. The plaintiff’s latest updates suggested that settlement might be possible.

Judge Engelmayer ordered the parties to file a joint update by June 8, 2023, describing the case’s status and addressing any effect of a Second Circuit decision in a related case. The order did not decide the motion to dismiss or the merits of the dispute.

The detailed version

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

Case
Fischer v. Brushy Mountain Bee Farm, Inc. · No. 1:17-cv-10094
Judge
Paul Engelmayer
Date
June 1, 2023

Background

On February 26, 2019, Magistrate Judge Ona T. Wang issued a report and recommendation concerning the defendants’ motion to dismiss. The court later stayed the case and withheld its ruling while the parties pursued settlement discussions.

Order

The court returned to the matter after the plaintiff’s most recent updates indicated that settlement might be possible. It directed the parties to file a joint update by June 8, 2023, stating the status of the case and their views on any implications of the Second Circuit’s decision in Fischer v. Forrest, 968 F.3d 216 (2d Cir. 2020).

Effect

Judge Paul A. Engelmayer’s order required a status report but did not rule on the defendants’ motion to dismiss, adopt or reject the magistrate judge’s recommendation, or decide the underlying dispute.

The authoritative version

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

Open opinion PDF →
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